People v. Simmons

VOLLACK, Justice.

Defendant Ralph Simmons appeals from the denial of his motion for correction of illegal sentence.1 He contends his sentence under section 18-l-105(9)(a)(IV), 8 C.R.S. (1985 Supp.),2 which requires a sentence in the aggravated range if the offender was on bond for a previous felony at the time of the offense and was subsequently convicted of that previous felony, denied him equal protection of the law and due process of the law. We disagree and affirm.

On December 2, 1982, the defendant pled guilty to second degree burglary,3 a class three felony, and theft,4 a class four…