People v. Jenkins

We granted certiorari to review the re-sentencing order in People v. Jenkins, 674 P.2d 981 (Colo.App.1983). The defendant’s eight year sentence for theft by receiving was originally approved by the court of appeals in a nonadversary proceeding pursuant to section 18-1-409.5, 8 C.R.S. (1980 Supp.) (repealed Colo.Sess.Laws 1981, ch. 210, p. 969); C.A.R. 4(d)(3) and (4). Thereafter, he filed a motion for post-conviction relief pursuant to Crim.P. 35(c), which was denied by the district court. On appeal of the denial of his Crim.P. 35(c) motion, the court of appeals vacated the sentence,…