People v. Montoya

Opinion by

Judge TAUBMAN.

Defendant, Michael Fred Montoya, appeals the sentence to probation imposed following his guilty plea to one count of aggravated driving after revocation prohibited. We conclude that Montoya may not be required to serve more than ninety days in jail as a probationer, unless he is part of a work release program. We further conclude that the trial court's order requiring him to satisfy his work release obligation in the Pueblo County Jail is inconsistent with Colorado law. Accordingly, we vacate the sentence and remand the case for further proceedings consistent with this…