People v. Emig

This appeal comes to us pursuant to denial of defendant’s Rule 35(b) motion by the trial court. The defendant, Donald George Emig, contends that he is entitled to a Rule 35(b) order either vacating his sentence or correcting it because (1) the trial court changed his original sentence sua sponte without notice to him, out of his presence and without an opportunity for a hearing; (2) the trial court increased his sentence after he had commenced serving it; and, (3) the order returning him to the Colorado State Penitentiary after he had served six hours of his misdemeanor sentence operated to…