Legal Opinion
People v. Tolbert
Colorado Court of Appeals
Decided May 3, 2007No. 05CA1836PublishedCited by 16 opinions
1Opinion of the Court
Opinion by
Judge WEBB.
Defendant, Aaron D. Tolbert, an inmate, appeals the trial court order denying his Crim. P. 35(a) challenge to the parole component of his sentence as illegal. Assuming this component is mandatory, we conclude that it is illegal, and thus we further conclude that the trial court incorrectly denied the motion as successive. Therefore, we vacate the order and remand for further proceedings consistent with this opinion.
I.Facts
Upon pleading guilty to attempted sexual assault (F5), §§ 18-2-101(1) and 18-3-402(l)(b), C.R.S.2006, for conduct occurring on or about June 1, 2002,…
2Cases cited46 opinions
- Sanders v. United StatesSupreme Court of the United States · 1963
- People v. RodriguezSupreme Court of Colorado · 1996
- Martin v. PeopleSupreme Court of Colorado · 2001
- People v. DunlapSupreme Court of Colorado · 1999
- Craig v. PeopleSupreme Court of Colorado · 1999
41 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. ValdezColorado Court of Appeals · 2007
- People v. JenkinsColorado Court of Appeals · 2013
- Youngs v. Industrial Claim Appeals officeColorado Court of Appeals · 2012
- Bunton v. AthertonCourt of Appeals for the Tenth Circuit · 2010
- People v. RoyColorado Court of Appeals · 2010
11 more not listed; retrieve them via the Exa API.