People v. Garcia

Opinion by

Judge ROMÁN.

The People appeal the trial court’s order dismissing count one of the information filed against defendant, Anthony P. Garcia. We reverse and remand with directions to reinstate count one.

Defendant was charged in count two with third degree assault, a class one misdemean- or. Count one of the information was a charge of habitual domestic violence offender which, if proven, would enhance the level of the misdemeanor offense to a class five felony. § 18-6-801(7), C.R.S.2007. The information designated count one as a class five felony instead of a sentence enhancement charge.