PEOPLE v. BRIGNER

No. 98CA0120.

978 P.2d 163 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Marshall E. BRIGNER, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied April 29, 1999.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Richard A. Westfall, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert Mark Russel, First Assistant Attorney General, Dawn M. Weber, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, James Grimaldi, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge VOGT.

Defendant, Marshall E. Brigner, appeals the trial court's order directing him to pay restitution following his plea of guilty to defrauding a secured creditor. We vacate the order and remand the cause for correction of the mittimus.

The facts in this case are largely undisputed. Defendant agreed to purchase a dairy farm from the victim. As part of that purchase, the victim retained a security interest in the dairy cattle on the farm...

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