People v. Godwin
People v. Godwin
Opinion
Defendant, William Godwin, was convicted by a jury of manslaughter in the shooting death of his wife. At the time of sentencing Godwin introduced considerable evidence establishing his good character and requested a probationary sentence. After expressly considering all the circumstances and available evidence, the trial CQurt sentenced Godwin to a term of two and one-half years. On appeal Godwin argues that the trial court abused its discretion in refusing to grant a probationary sentence and seeks appellate review of that decision and a remand for reconsideration. We dismiss the appeal.
Appellate review of trial court judgments granting or denying probation is statutorily proscribed. Section 16-11-101, C.R.S.1973 (1978 Repl.Vol. 8), declares that: “The granting or denial of probation and the *1096 conditions of probation shall not be subject to appellate review unless probation is granted contrary to the provisions of this title.” See also § 18-1-409, C.R.S.1973 (1978 Repl.Vol. 8); C.A.R. 4(c)(2)(IV). Hence, we may not review the denial of Godwin’s application for probation.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.