PEOPLE v. SAUCEDO

No. 88CA0409.

796 P.2d 11 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Aurelio SAUCEDO, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied March 29, 1990.

Certiorari Denied August 27, 1990.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert M. Russel, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge NEY.

Defendant, Aurelio Saucedo, appeals the order denying his motion for modification of sentence under Crim.P. 35(c). Defendant asserts that the trial court erred in construing "incarceration" as including a direct sentence to community corrections and in therefore concluding that it was compelled to sentence defendant to a term in the aggravated range. We affirm.

Defendant pleaded guilty to two class 3 felony counts of distribution of a...

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