People v. Kennaugh

In this proceeding under C.A.R. 21, we address whether the probationary sentence for a misdemeanor may ever exceed the statutory maximum incarceration sentence for that same misdemeanor. The trial court below terminated the defendant’s probation based on People v. Benavidez, 58 P.3d 1142 (Colo.App.2002). In Benavidez, the court of *316appeals held that a trial court exceeded its authority when it sentenced a misdemeanor defendant to a probationary term longer than the maximum incarceration sentence for the underlying misdemeanor. At the People’s request, we issued a rule to show cause to the…