People v. Euresti

Appellant was convicted of first-degree assault in violation of 1971 Perm. Supp., C.R.S. 1963, 40-3-202, and was sentenced to the state penitentiary for a term of not less than fifteen nor more than forty years. He appeals pursuant to 1971 Perm. Supp., C.R.S. 1963, 40-1-509, which allows appellate review of sentences for felony convictions, other than class 1 felonies, where the minimum sentence imposed exceeds the statutory minimum by more than three years. First-degree assault is a class 3 felony and is punishable by imprisonment of not less than five nor more than forty years. 1971 Perm. Supp., C.R.S. 1963, 40-1-105. We affirm the sentence.