People v. Heredia

Judge RUSSEL

dissenting.

In October 2002, the trial court modified Heredia’s sentence to conform to the views expressed in People v. Luther, 43 P.3d 660 (Colo.App.2001) {Luther I). In December 2003, the court corrected Heredia’s sentence to conform to People v. Luther, 58 P.3d 1013 (Colo.2002) {Luther II).

Heredia now contends that the trial court lacked authority to issue the December 2003 order. Our resolution of his contention depends on how we answer two subsidiary questions:

1. When the trial court modified Here-dia’s sentence in October 2002, did the order result in an illegal sentence?

*10472. If…