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PEOPLE v. FLENNIKEN

No. 84CA1457.

720 P.2d 617 (1986)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Eric FLENNIKEN, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied February 20, 1986.

Certiorari Granted June 16, 1986.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Clement P. Engle, Asst. Atty. Gen., Denver, for plaintiff-appellee.

R.D. Jorgensen, Pueblo, for defendant-appellant.

SMITH, Judge.

Defendant, Eric Flenniken, appeals the trial court's denial of his C.R.C.P. 35(a) motion to correct an illegal sentence. Defendant claims the trial court both violated sentence concessions provided for in the plea agreement and exceeded its jurisdiction in imposing probation the length of which extends beyond the presumptive range for class 4 felonies. We reverse and remand for resentencing.

Defendant...

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