PEOPLE v. FLEMING

No. 97CA2148.

3 P.3d 449 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard N. FLEMING, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing September 2, 1999.

Certiorari Denied June 26, 2000.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, Cynthia A. Greenfield, 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 BRIGGS.

Defendant, Richard Fleming, appeals the trial court's order revoking his probation. We affirm.

Following an altercation with his wife, defendant was charged with attempted first degree sexual assault. Pursuant to a plea agreement, defendant entered a guilty plea to the lesser offense of third degree misdemeanor assault, and the prosecutor dismissed the original charge. The agreement provided for a sentence to probation but included...

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