People v. Herr

Opinion by

Judge ROTHENBERG.

Defendant, David Andrew Herr, appeals a judgment of conviction entered on a jury verdict finding him guilty of possession of cocaine. We affirm the judgment. However, because we also conclude that the minimum period of probation to which a defendant may be sentenced is not governed by § 18-1-105, C.R.S. (1986 Repl.Vol. 8B), we vacate the sentence, and remand the cause for further sentencing proceedings.

The defendant was stopped for a traffic violation while driving in Jefferson County. The discovery of an outstanding arrest warrant resulted in his being placed in…