People v. Lipinski

The appellant, Anthony Joseph Lipinski, appeals the denial of his Crim. P. 35(a) motion to correct an allegedly illegal sentence. We affirm.

Pursuant to a plea bargain, appellant pled guilty to a second degree burglary charge. At the providency hearing, prior to acceptance of appellant’s plea, the trial court informed him that he would be subject to the statutory determinate minimum sentence due to his prior conviction of a felony within five years. Section 16-11-101(1)(d), C.R.S. 1973 (1976 Supp.).1 Nevertheless, the appellant persisted in his plea of guilty.

At the sentencing hearing,…