People v. Espinoza

Opinion by

Judge BRIGGS.

Defendant, Danny M. Espinoza, appeals from the trial court’s denial of his motion for postconviction relief pursuant to Crim. P. 35(c). We reverse and remand for further proceedings.

In 1994, in accordance with a plea agreement, defendant pled guilty to menacing, a class five felony in violation of § 18-3-206, C.R.S.1998. The agreement provided that he would be sentenced to the Department of Corrections (DOC) for a term of four years.

In 1995, defendant filed a pro se Crim. P. 35(c) motion in which he alleged that, in the absence of any finding of aggravation, his agreed…