People v. Manley

BABCOCK, Judge.

Defendant, Karen. Sue Manley, was charged with and pleaded guilty to vehicular assault, a class 5 felony. Her request for probation was denied, and although none of the mandatory statutory aggravating circumstances of § 18-1-105(9), C.R.S. (1984 Cum.Supp.) were present in this case, defendant was sentenced to three years imprisonment, a term of incarceration beyond the one to two year presumptive range for a class 5 felony. See § 18 — 1— 105(l)(a), C.R.S. (1984 Cum.Supp.). She appeals the sentence imposed, and we vacate the sentence and remand with directions.

The defendant…