People v. Shipley

Opinion by

Judge VOGT.

Defendant, Leonard Ray Shipley, appeals the trial court's order denying his motion for postconviction relief. We affirm but remand for resentencing.

Defendant was convicted of unlawful distribution and sale of a controlled substance (methamphetamine), unlawful possession of a controlled substance, and unlawful possession of an incendiary device. In addition, defendant was found to be a special offender under § 18-18-407(1)(F), C.R.S.2000 (using, possessing, displaying or having available for use a deadly weapon during commission of a controlled substance offense).

The…