People v. Moltrer

Opinion by

Judge NEY.

Defendant, Glenn Roman Moltrer, appeals from the trial court order denying his Crim. P. 35(c) motion to vacate his sentence. We affirm.

In 1993, defendant was convicted of distribution of a Schedule II controlled substance (cocaine) and was sentenced to ten years at the Department of Corrections. His conviction was affirmed on appeal. People v. Moltrer, 893 P.2d 1331 (Colo.App.1994).

Thereafter, he filed a Crim. P. 35(c) motion arguing that his sentence should be vacated. Defendant claimed that the trial court erred in concluding that his sentence must be aggravated as…