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PEOPLE v. HEREDIA

No. 04CA0115.

122 P.3d 1041 (2005)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jose Albert HEREDIA, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing June 16, 2005.

Certiorari Granted November 7, 2005.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Christine C. Brady, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Kathleen A. Lord, Chief Appellate Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

TAUBMAN, J.

Defendant, Jose Albert Heredia, appeals the trial court's order granting the People's Crim. P. 35(a) motion to correct Heredia's sentence to impose consecutive terms of mandatory parole. We vacate the order and remand.

I. Background

In 1999, Heredia was sentenced to three years in the Department of Corrections (DOC) for first degree criminal trespass and a consecutive two years in DOC for possessing a dangerous weapon. The applicable...

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