People v. Gardner

Opinion by

Judge ROY.

Defendant, Sharon Lee Gardner, appeals the trial court order denying her Crim. P. 85 motion for postconviction relief, We affirm.

Defendant was convicted after a jury trial of retaliation against a witness, a class three felony, and third degree assault, a class one misdemeanor. Because defendant was on probation for felony income tax evasion at the time of these offenses, the trial court was required to sentence her to a term of at least the midpoint in the presumptive range for the class three felony under § 18-1-105(9)(a)(III), C.R.8.2001. The presumptive range for a…