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Legal Opinion

People v. Heredia

Colorado Court of Appeals

Decided November 7, 2005No. 04CA0115PublishedCited by 13 opinions

1Opinion of the CourtTaubman, J.

Defendant, Jose Albert Heredia, appeals the trial court’s order granting the People’s Crim. P. 35(a) motion to correct Heredia’s sentence to impose consecutive terms of mandatory parole. We vacate the order and remand.

I. Background

In 1999, Heredia was sentenced to three years in the Department of Corrections (DOC) for first degree criminal trespass and a consecutive two years in DOC for possessing a dangerous weapon. The applicable mandatory parole period was two years. Heredia served his time in DOC and was released on parole.

*1043In September 2001, Heredia failed to report to a shelter as…

2Cases cited12 opinions

  1. People v. LutherSupreme Court of Colorado · 2002
  2. People v. HinchmanSupreme Court of Colorado · 1978
  3. People v. HoecherSupreme Court of Colorado · 1991
  4. People v. McMurreyColorado Court of Appeals · 2001
  5. People v. JankeColorado Court of Appeals · 1992

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. People v. TolbertColorado Court of Appeals · 2007
  2. People v. WhiteColorado Court of Appeals · 2007
  3. People v. KendrickColorado Court of Appeals · 2006
  4. State of West Virginia v. Donald P. CookmanWest Virginia Supreme Court · 2018
  5. People v. JonesColorado Court of Appeals · 2009

8 more not listed; retrieve them via the Exa API.

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