PEOPLE v. KINGSOLVER

No. 94CA0426.

897 P.2d 878 (1995)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Daryl L. KINGSOLVER, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 25, 1995.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., David R. DeMuro, Sp. Asst. Atty. Gen., Denver, for plaintiff-appellee.

Wm. Michael Whelan, Jr., Boulder, for defendant-appellant.


Opinion by Judge ROY.

Defendant, Daryl L. Kingsolver, appeals the trial court's denial of his Crim.P. 35(a) motion to correct an illegal sentence. The sole issue raised on appeal is whether the trial court illegally sentenced defendant when it accepted his plea for possession of marijuana pursuant to a plea bargain in which defendant specifically agreed to plead to possession as a felony but to be sentenced as if the offense were a misdemeanor. Defendant does not...

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