People v. Rockwell

Opinion by

Judge TAUBMAN.

Defendant, Mark E. Rockwell, appeals the trial court order denying his Crim. P. 385(a) motion to correct his sentence to reflect that he is subject to a term of discretionary rather than mandatory parole. We vacate the order and remand for further proceedings.

Defendant was originally charged with single counts of second degree burglary of a dwelling, a class three felony under § 18-4-203(2)(a), C.R.S.2003, and third degree sexual assault. The charges resulted from a September 1998 incident in which defendant broke into a home and touched the victim's genitals while she…