PEOPLE v. JAMES

No. 95CA1975.

940 P.2d 1092 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Heath JAMES, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 30, 1997.

Certiorari Denied July 28, 1997.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Jacque L. Russell, 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 JONES.

Defendant, Heath G. James, appeals the order imposing a sentence to the Department of Corrections (the Department) after his placement in a community corrections facility was terminated for unsuccessful compliance. On appeal, defendant argues that the sentencing court erred by summarily entering the resentencing order without affording him an opportunity to appear with counsel and be heard at a resentencing hearing. We conclude defendant is...

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