People v. Winters

MULLARKEY, Justice.

We consolidated the cases of People v. Winters, No. 86SA361 and People v. Rosendal, No. 87SA289, to determine whether a trial court’s imposition of a sentence to community corrections contravened section 18-18-105(3), 8B C.R.S. (1986), which required a “minimum term of incarceration” without eligibility for probation or suspension of sentence when a defendant was convicted of possession or sale of more than 28 grams of cocaine. 1 We hold that section 18-18-105(3) required a trial court to sentence a violator to the custody of the Department of Corrections and did not permit…