PEOPLE v. KINISTON

No. 09CA2400.

262 P.3d 942 (2011)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Brian Neil KINISTON, Defendant-Appellant.

Colorado Court of Appeals, Div. VII.

Rehearing Denied April 21, 2011.


Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Susan E. Friedman , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson , Colorado State Public Defender, Rachel C. Funez , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge TERRY.

Defendant, Brian Neil Kiniston, appeals the sentence imposed on his conviction for felony theft. He pled guilty to theft in this case in March 2007, and received a deferred judgment and sentence. At the time of his plea, defendant did not have any prior felony convictions. Based on his later criminal conduct, his deferred judgment and sentence were revoked, and he was sentenced in September 2009.

After defendant's guilty plea in this...

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