PEOPLE v. SCHMIDT

No. 83CA1417.

700 P.2d 925 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ardelle Kenneth SCHMIDT, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 4, 1985.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., John Milton Hutchins, John Daniel Dailey, First Asst. Attys. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Sam Shaw, Seth J. Benezra, Deputy State Public Defenders, Denver, for defendant-appellant.


KELLY, Judge.

The defendant, Ardelle Kenneth Schmidt, appeals the sentence imposed upon him after his plea of guilty to attempted theft by receiving, complaining that the trial court erred in requiring him to make restitution to a bona fide purchaser of the property. We affirm and remand for amendment of the mittimus.

The defendant was charged with theft by receiving property stolen from several homes in and near Carbondale, Colorado, during the winter of...

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