Legal Opinion

People v. Abeyta

Colorado Court of Appeals

Decided September 8, 1983No. 82CA0335Published

1Opinion of the Court

METZGER, Judge.

Sentenced to a term of imprisonment beyond the presumptive range specified for second degree burglary, defendant Abeyta appeals seeking to have that sentence vacated and a sentence within the presumptive range imposed. We affirm.

The question to be decided is whether the trial court lost jurisdiction to impose sentence beyond the presumptive range when, after imposing such a sentence, it failed to transmit its written findings to this court within the time specified by C.A.R. 4(d)(1).

Abeyta was charged in November 1980 and pled guilty to one count of burglary on July 10, 1981.…

2Cases cited5 opinions

  1. People v. MooreSupreme Court of Colorado · 1977
  2. People v. CantwellColorado Court of Appeals · 1981
  3. People v. HallmanColorado Court of Appeals · 1981
  4. Stroh v. JohnsonSupreme Court of Colorado · 1978
  5. People v. MaldonadoColorado Court of Appeals · 1981

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