State v. Harris

EAGLES, Judge.

Defendant contends that the trial court erred in resentencing defendant to a more severe sentence than the sentence originally imposed and set aside. Defendant also contends that the trial court had no jurisdiction to set aside the judgment in 91 CRS 999 and consolidate it with the habitual felon information (91 CRS 3556). We affirm.

We first address the State’s contention that defendant’s appeal should be dismissed. Defendant appealed the trial court’s ruling on defendant’s motion for appropriate relief. The State contends that defendant has no right to appeal from a motion for…