People v. Henderson

We granted certiorari to review the Colorado Court of Appeal’s opinion which denied the People’s claim because it had not been raised in a timely fashion. People v. Henderson, 40 Colo. App. 147, 574 P.2d 872 (1977). The People contended for the first time on appeal that the district court lacked jurisdiction to suspend the defendant’s sentence. We find the issue to be properly before us, and we hold that the district court did have power to suspend the sentence.

The defendant, Ruby Henderson, was convicted of resisting arrest.1 The district court imposed a sentence of six months, but suspended…