In People v. Bramlett, 194 Colo. 205, 573 P.2d 94 (1977) the defendant was convicted of first degree assault, as opposed to the lesser offense of criminally negligent homicide. There, the supreme court found an equal protection violation in regard to the presentation of an affirmative defense and remanded the matter for a new trial on the charge of first degree assault with the proviso that should the defendant be convicted of that offense, the sentence would be imposed under the criminally negligent homicide statute.