PEOPLE v. MALONE

No. 94CA0272.

923 P.2d 163 (1995)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Alex Jeffrey MALONE, a/k/a Jeffrey Donald Gates, Jr., Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 25, 1996.

Certiorari Denied September 3, 1996.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Susan J. Schneider, Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Julie Iskenderian, Deputy State Public Defender, Denver, for Defendant-Appellant


Opinion by Judge CRISWELL.

Defendant, Alex Jeffrey Malone, appeals from the fine imposed upon him following his plea of guilty to attempted criminal mischief, a class 5 felony. We vacate that part of the sentence imposed and remand the cause to the trial court for its reconsideration.

Defendant was originally charged in 1989 with the unlawful possession of marihuana with intent to sell, a class 4 felony, and criminal mischief, another class 4 felony. However...

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