People v. Anaya

572 P.2d 153, 194 Colo. 345, 1977 Colo. LEXIS 841

Opinions

MR. JUSTICE ERICKSON

delivered the opinion of the Court.

Appellant pled guilty to two habitual criminal counts and to one count of possession of burglary tools and was sentenced to a term of twelve to fourteen years in the Colorado State Penitentiary. As a result of a plea bargain, a guilty plea was entered, and the district attorney dismissed one count of conspiracy to commit first-degree burglary and theft, one count of first-degree burglary of a pharmacy, and one count of felony theft.

While serving his sentence, the appellant filed a motion to set aside and vacate the judgment, pursuant to Crim. P. 35(b)(2), alleging that the habitual criminal statute, section 16-13-101, C.R.S. 1973, was unconstitutional as applied to him. The appellant’s motion was denied, and this appeal was perfected.

The arguments advanced by the appellant were rejected in People v. Larson, 194 Colo. 338, 572 P.2d 815. Further discussion is not warranted.

Accordingly, the judgment is affirmed.

MR. JUSTICE CARRIGAN dissents.