PEOPLE v. TOLBERT

No. 05CA1836.

216 P.3d 1 (2007)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Aaron D. TOLBERT, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 12, 2007.


Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Nancy Bauer Egelhoff, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Aaron D. Tolbert, Pro Se.


Opinion by Judge WEBB.

Defendant, Aaron D. Tolbert, an inmate, appeals the trial court order denying his Crim. P. 35(a) challenge to the parole component of his sentence as illegal. Assuming this component is mandatory, we conclude that it is illegal, and thus we further conclude that the trial court incorrectly denied the motion as successive. Therefore, we vacate the order and remand for further proceedings consistent with this opinion.

I. Facts

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