People v. Delgado

Opinion by

Judge DAILEY.

Defendant, Jorge Delgado, appeals the order denying his motion for sentence reduction under Crim. P. 35(b). We affirm and remand for correction of the mittimus.

Defendant pleaded guilty to one count of sexual assault on a child by one in a position of trust, a class three felony under § 18-3-405.3(2), C.R.S.2002. The plea agreement called for a stipulated prison sentence of eight to fifteen years. The parties mistakenly assumed, and the plea agreement erroneously stated, that a conviction carried a five-year term of mandatory parole. In fact, because defendant committed…