PEOPLE v. SIMONDS

No. 02CA1271.

91 P.3d 405 (2003)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ronald D. SIMONDS, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing December 24, 2003.

Certiorari Granted June 7, 2004.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Anthony J. Navarro, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Colorado; Burke & Neuwirth, P.C., Dean Neuwirth, Denver, Colorado; Law Office of Steven Louth, Steven Louth, Boulder, Colorado, for Defendant-Appellant.


Opinion by Judge NEY.

Defendant, Ronald D. Simonds, appeals the orders concerning the revocation of his deferred judgment. We vacate the orders and remand.

The deferred sentencing statute, § 18-1.3-102, C.R.S.2002, permits a trial court to grant a deferred judgment for a maximum of four years. The district attorney may apply to revoke the deferral "at any time within the term of the deferred judgment or within thirty days thereafter." Section 18-1.3-102...

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