People v. Lustgarden

Opinion by

Chief Judge STERNBERG.

The defendant, Ira D. Lustgarden, appeals the denial of his Crim.P. 35(c) motion. We affirm.

In 1983, defendant was charged with two counts of sexual assault on a child, in violation of § 18-3-405, C.R.S. (1986 Repl.Vol. 8B). Following plea negotiations, he entered a guilty plea to one count in exchange for dismissal of the second. After conducting a providency hearing and concluding that the plea was knowingly and voluntarily entered, the court accepted it. The court did not advise the defendant of the possibility of sentencing under the Sex Offender Act (the…