PEOPLE v. SCHWARTZ

No. 90CA1060.

823 P.2d 1386 (1991)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Kelly John SCHWARTZ, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

Rehearing Denied September 19, 1992.

Certiorari Denied February 10, 1992.


Attorney(s) appearing for the Case

Donald E. Mielke, Dist. Atty., and Donna Skinner Reed, Chief Appellate Deputy Dist. Atty., Golden, for plaintiff-appellant.

David F. Vela, State Public Defender, Susan Baker and Kristin Giovanini, Deputy State Public Defenders, Denver, for defendant-appellee.


Opinion by Judge NEY.

The People appeal the order of the trial court suspending the sentence mandatorily imposed upon defendant, Kelly John Schwartz, and sentencing him to probation. We affirm.

Defendant entered a plea of guilty to two counts of third degree assault on a peace officer, a misdemeanor offense. See § 18-3-204, C.R.S. (1986 Repl.Vol. 8B). Section 18-1-106(1.5)(a), C.R.S. (1990 Cum.Supp.) requires a term of incarceration for such a...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases