PEOPLE v. BENAVIDEZ

No. 01CA0585.

58 P.3d 1142 (2002)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David BENAVIDEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing September 26, 2002.

Certiorari Dismissed December 4, 2002.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, John J. Fuerst, III, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Andrea R. Manning, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge VOGT.

Defendant, David Benavidez, appeals the sentence to probation imposed following his guilty plea to third degree sexual assault. We vacate the sentence in part and remand for resentencing.

In 1999, defendant was charged with three felony sexual assault counts arising out of incidents involving a nine-year-old girl. After a jury trial on these counts ended in a mistrial, defendant entered into a plea agreement. In exchange for dismissal...

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