PEOPLE v. THOMPSON

No. 93CA0937.

897 P.2d 857 (1994)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jerry THOMPSON, Jr., Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied February 2, 1995.

Certiorari Denied June 30, 1995.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Susan J. Schneider, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Beth L. Krulewitch, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge ROY.

Defendant, Jerry Thompson, Jr., appeals a one-year sentence to the Department of Corrections imposed by the trial court following his guilty plea to one count of second degree forgery, a class 5 felony.

The sole issue on appeal is whether a defendant convicted of a class 5 felony with two prior felony convictions may be sentenced to a fine, without incarceration or probation, and without the consent of the prosecutor. We conclude that...

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