People v. Godwin

KELLY, Judge.

Defendant, William Godwin, was convicted by a jury of manslaughter in the shooting death of his wife. At the time of sentencing Godwin introduced considerable evidence establishing his good character and requested a probationary sentence. After expressly considering all the circumstances and available evidence, the trial CQurt sentenced Godwin to a term of two and one-half years. On appeal Godwin argues that the trial court abused its discretion in refusing to grant a probationary sentence and seeks appellate review of that decision and a remand for reconsideration. We dismiss the appeal.

Appellate review of trial court judgments granting or denying probation is statutorily proscribed. Section 16-11-101, C.R.S.1973 (1978 Repl.Vol. 8), declares that: “The granting or denial of probation and the

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conditions of probation shall not be subject to appellate review unless probation is granted contrary to the provisions of this title.”

See also

§ 18-1-409, C.R.S.1973 (1978 Repl.Vol. 8); C.A.R. 4(c)(2)(IV). Hence, we may not review the denial of Godwin’s application for probation.

Appeal dismissed.

BERMAN and TURSI, JJ., concur.