PEOPLE v. DELGADO

No. 01CA0807.

83 P.3d 1144 (2003)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jorge DELGADO, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Certiorari Granted January 26, 2004.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, John T. Bryan, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Alan Kratz, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge DAILEY.

Defendant, Jorge Delgado, appeals the order denying his motion for sentence reduction under Crim. P. 35(b). We affirm and remand for correction of the mittimus.

Defendant pleaded guilty to one count of sexual assault on a child by one in a position of trust, a class three felony under § 18-3-405.3(2), C.R.S.2002. The plea agreement called for a stipulated prison sentence of eight to fifteen years. The parties mistakenly assumed...

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