McCARTY v. PEOPLE

No. 92SC782.

874 P.2d 394 (1994)

Jeanette McCARTY, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 6, 1994.


Attorney(s) appearing for the Case

David F. Vela, State Public Defender, Karen M. Gerash, Deputy State Public Defender, Denver, for petitioner.

Gale A. Norton, Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russell, First Asst. Atty. Gen., A. William Bonner, Asst. Atty. Gen., Crim. Enforcement Section, Denver, for respondent.


Justice SCOTT delivered the Opinion of the Court.

We granted Jeanette McCarty's petition for certiorari to review the court of appeals' judgment in People v. McCarty, 851 P.2d 181 (Colo.App.1992), upholding the trial court's resentencing of McCarty to probation and reimposition of the requirement that McCarty pay restitution. We conclude that after revocation of probation, a trial court may immediately resentence a defendant...

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