PEOPLE v. WIEGHARD

No. 85CA1677.

743 P.2d 977 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Robert WIEGHARD, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 23, 1987.

Certiorari Denied September 8, 1987.


Attorney(s) appearing for the Case

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

David F. Vela, Colorado State Public Defender, Claire Levy, Deputy State Public Defender, Jonathan Willett, Deputy State Public Defender, Denver, for defendant-appellant.


Certiorari Denied (Wieghard) September 8, 1987.

METZGER, Judge.

The major issue in this case is whether, on remand, a trial court may sentence a defendant to a term consecutive to another sentence imposed after defendant's appeal but before his re-sentence. We hold that such action by a trial court is appropriate. However, we further hold that a trial court may not, on remand, re-sentence a defendant for convictions that were not appealed. Accordingly, we...

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