People v. Pellien

PIERCE, Judge.

Defendant, Donald Earl Pellien (Pellien), appeals from a denial of his motion to vacate a sentence pursuant to Crim.P. 35(c), contending that the sentence as imposed was illegal. We reverse the order, vacate the sentence, and remand the cause for resentencing.

Pellien pled guilty to aggravated robbery which is a class three felony, allowing sentencing in the presumptive range of four to eight years. Section 18-4-302(3), C.R.S. (1978 Repl.Vol. 8); § 18-l-105(l)(a)(I), C.R.S. (1984 Cum.Supp.). At the time of the robbery offense, he was on probation pursuant to a youthful offender…