People v. Flenniken

SMITH, Judge.

Defendant, Eric Flenniken, appeals the trial court’s denial of his C.R.C.P. 35(a) motion to correct an illegal sentence. Defendant claims the trial court both violated sentence concessions provided for in the plea agreement and exceeded its jurisdiction in imposing probation the length of which extends beyond the presumptive range for class 4 felonies. We reverse and remand for resentencing.

Defendant was a bank vice president under criminal investigation for embezzling funds. Before charges were filed, defendant and the prosecution reached a plea agreement. In order to avoid…