People v. Schwartz

Opinion by

Judge NEY.

The People appeal the order of the trial court suspending the sentence mandatorily imposed upon defendant, Kelly John Schwartz, and sentencing him to probation. We affirm.

Defendant entered a plea of guilty to two counts of third degree assault on a peace officer, a misdemeanor offenser See § 18-3-204, C.R.S. (1986 Repl.Yol. 8B). Section 18-l-106(1.5)(a), C.R.S. (1990 Cum.Supp.) requires a term of incarceration for such a conviction. Accordingly, the trial court sentenced defendant to two concurrent terms of incarceration for two years and one day, the minimum permitted.…