PEOPLE v. APPELHANZ

No. 85SA240.

738 P.2d 1182 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Matthew Dean APPELHANZ, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

June 22, 1987.


Attorney(s) appearing for the Case

Stephen K. ErkenBrack, Dist. Atty., Thomas W. Blake, Chief Deputy Dist. Atty., Grand Junction, for plaintiff-appellant.

Woodrow, Roushar & Carey, Margaret L. Carey, Montrose, for defendant-appellee.


VOLLACK, Justice.

The People appeal from an order of deferred judgment and sentence entered by the trial court, which was imposed on the defendant after he entered a guilty plea pursuant to a plea agreement. We reverse, and remand for resentencing.

I.

In September 1984, the defendant was arrested and found to be in possession of a small amount of cocaine. A criminal complaint was filed charging the defendant with possession of a schedule II controlled...

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