(DOWNLOAD) "People V. Atencio" by Colorado Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: People V. Atencio
- Author : Colorado Court of Appeals
- Release Date : January 30, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Defendant, Marty Leon Atencio, was convicted of five counts relating to the possession of or possession with intent to sell or distribute cocaine and marijuana. He was also found to have "possessed or had available for use a deadly weapon during the commission of any one or more of the above listed offenses," thereby making him subject to sentencing as a "special offender" under § 18-18-407(1)(f), C.R.S. (1993 Cum. Supp.). On appeal, the defendant attacks the constitutionality of § 18-18-407(1)(f) on due process grounds and on the basis that it violates his right to bear arms guaranteed by Colo. Const. art. II, § 13. We conclude that the statute, properly construed, is constitutional and therefore affirm defendant's sentence as a special offender.