People v. Mayes

Opinion by

Judge TAUBMAN.

Defendant, Toby J. Mayes, appeals from the trial court order denying his motion for post-conviction relief pursuant to Crim. P. 35(c). We affirm, but remand for correction of the mittimus.

Pursuant to a plea agreement in which other charges were dismissed, defendant pled guilty to a single count of sexual assault on a child committed in August 1993. Defendant signed a written plea agreement which advised him that the presumptive range for the offense was two to eight years in the custody of the Department of Corrections (DOC), after which he “could be required to serve…