PEOPLE v. BAKER

No. 83CA1075.

694 P.2d 377 (1984)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Charles BAKER, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied November 15, 1984.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Cynthia D. Jones, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David Vela, Colorado State Public Defender, Laurie D. West, Deputy State Public Defender, Fort Collins, for defendant-appellant.


BABCOCK, Judge.

This appeal arises out of a Crim.P. 35 motion. Defendant, Charles Baker, does not appeal the denial of his motion, but contends that the trial court entered an illegal sentence when it sua sponte ordered that service of his sentence commence on the date of the ruling upon the motion. We reverse and remand for correction of the sentence and mittimus.

In April 1980, defendant was convicted of theft. On August 18, 1980, defendant was sentenced...

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