PEOPLE v. HERR

No. 91CA1099.

868 P.2d 1121 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David Andrew HERR, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 5, 1993.

Certiorari Denied March 14, 1994.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Virginia Byrnes Horton, Sp. Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Nancy J. Lichtenstein, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge ROTHENBERG.

Defendant, David Andrew Herr, appeals a judgment of conviction entered on a jury verdict finding him guilty of possession of cocaine. We affirm the judgment. However, because we also conclude that the minimum period of probation to which a defendant may be sentenced is not governed by § 18-1-105, C.R.S. (1986 Repl.Vol. 8B), we vacate the sentence, and remand the cause for further sentencing proceedings.

The defendant was stopped...

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