People v. Smith
People v. Smith
Opinion of the Court
delivered the opinion of the Court.
Leo Smith filed a motion for relief pursuant to the provisions of Crim. P. 35 (a) and (b) to set aside pleas of guilty which he entered to the charge of possession of narcotic drugs (soft sale), 1971 Perm. Supp., C.R.S. 1963, 48-5-2,
The evidence disclosed that the defendant was a drug pusher who sold heroin in the Five Points Area in Denver to maintain his own drug habit. Six charges were lodged against the defendant for use of heroin. Also, a number of other charges were filed against the defendant for possession and sale of narcotic drugs. Plea negotiations resulted in an agreement that the defendant would plead guilty to the two charges which are now before us and that all other pending drug charges would be dismissed.
The providency hearing was extended in this case, because of the number of charges which were pending against the defendant and the defendant’s desire to be released on bail pending the imposition of sentence. The penalties and sentences which could be imposed upon conviction of a
Finally, the defendant asserts that Crim. P. 32(c) is unconstitutional because the rule provides, in part', that “notice of a right to review shall be given to criminal defendants except in cases where judgment of conviction has been entered following a plea of guilty or nolo contendere.” The reasonableness of the classification of defendants who have entered guilty pleas has been upheld in cases dealing with the federal counterpart of Crim. P. 32(c). See Fed. R. Crim. P. 32(a)(2); Barber v. United States, 427 F.2d 70 (10th Cir. 1970), cert. denied, 400 U.S. 867, 91 S.Ct. 108, 27 L.Ed.2d 106 (1970); Crow v. United States, 397 F.2d 284 (10th Cir. 1968). The defendant in this case has not been treated differently than any other defendant that falls within the rule. He was not denied equal protection or due process of law.
Accordingly, we affirm.
Now section 12-22-302, C.R.S. 1973.
Now section 12-22-322, C.R.S. 1973.
Reference
- Full Case Name
- The People of the State of Colorado v. Leo Smith, a/k/a Elmo Smith
- Cited By
- 2 cases
- Status
- Published