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PEOPLE v. JOHNSON

No. 93CA1361.

923 P.2d 342 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Cordell R. JOHNSON, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 28, 1996.

Certiorari Denied September 23, 1996.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Eric V. Field, Special Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Martin Gerra, Deputy State Public Defender, Denver, for Defendant-Appellant.

Opinion by Judge JONES.

Defendant, Cordell Rufus Johnson, appeals the denial of his Crim P. 35(c) motion attacking his 1990 conviction for first degree assault. We affirm.

I.

Defendant contends that the first degree assault statute, § 18-3-202(1)(c), C.R.S. (1986 Repl.Vol. 8B), violates his right to equal protection of the law because it is not sufficiently distinguishable from the second degree assault statute, Colo. Sess. Laws 1971, ch. 121...

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