PEOPLE v. MUNOZ

No. 92CA0771.

857 P.2d 546 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John Ernesto MUNOZ, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied July 1, 1993.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Jonathan Arnold Abbott, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Stephen L. Alonzi, Denver, for defendant-appellant.


Opinion by Judge METZGER.

Defendant, John Ernesto Munoz, appeals the trial court's order partially denying his Crim.P. 35(b) motion. We affirm.

Pursuant to a plea agreement, defendant entered guilty pleas to two counts of distribution of cocaine, both class 3 felonies. The presumptive sentencing range for a class 3 felony at the time these offenses were committed was 4 to 16 years. However, defendant was on probation at the time he committed the offenses,...

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