People v. District Court, Second Judicial District

NEIGHBORS, Justice.

The People filed this original proceeding under C.A.R. 21 for relief in the nature of mandamus. They assert that the respondent judge’s imposition of a sentence within the presumptive range contravenes section 18-l-105(9)(a)(IV), 8 C.R.S. (1985 Supp.), which requires that the defendant be sentenced within the aggravated range. We issued a rule to show cause and now make the rule absolute.

I

Defendant Albert Van Matthews was charged in April 1984 with aggravated robbery 1 and mandatory sentence for violent crime.2 Pursuant to a plea agreement, the defendant pleaded guilty to…