Justice KIRSHBAUM dissenting. The majority holds that section 18 — 3— 203(2)(e), 8B C.R.S. (1986), requires trial courts to impose an enhanced sentence of incarceration under section 16-11-309, 8A C.R.S. (1986 and 1989 Supp.), whenever a first-time offender is convicted of second degree assault as defined in section 18-3-203(l)(b), 8B C.R.S. (1986). This conclusion contravenes legislative intent clearly expresse…
Read the full opinion (source) ↗
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Citation figures are counts of later citing opinions in our corpus and may be incomplete; always read and Shepardize the full opinion before relying on it.