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People v. Frazier4/24/2003
tation violates the prohibition against ex post facto legislation.
When a law makes the punishment for a crime more onerous than it was when the crime was committed, the law violates the constitutional prohibition against ex post facto laws. People v. Woodward, 11 P.3d 1090 (Colo. 2000). Here, however, under our interpretation, the penalties for vehicular homicide were not changed.
For similar reasons, we reject defendant's equal protection challenge in which he asserts that our interpretation would result in disparate penalties for the same conduct. There was only one statutory penalty in effect at the time of defendant's offense under our interpretation. See People v. Young, 859 P.2d 814 (Colo. 1993)(equal protection prohibits punishment of identical conduct with disparate penalties).
Accordingly, we perceive no error in the trial court's decision to sentence defendant to six years in the custody of the DOC.
The sentence is affirmed.
JUDGE TAUBMAN and JUDGE NIETO concur.
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