State v. Smith

OPINION

ROLL, Presiding Judge.

Gregory Lee Smith appeals from convictions for two counts of theft over $100, both designated class 6 felonies. For the reasons set forth below, we vacate the felony designation entered in CR-18694 and dismiss Smith’s appeal in CR-18757.

PROCEDURAL BACKGROUND

Smith was charged with theft by misrepresentation, a class 4 felony, in CR-18694, and theft by control, a class 5 felony, in CR-18757. Pursuant to a plea agreement, Smith entered a guilty plea to theft over $100 in CR-18694, a class 6 open-ended offense, and theft by control over $100 in CR-18757, a class 6…