People v. Flower

KIRSHBAUM, Judge.

This appeal involves a non-adversary review under C.A.R. 4(d)(3) and (4), pursuant to § 18-1 — 409.5, C.R.S.1973 (1980 Cum. Supp.), and an adversary appeal pursuant to C.A.R. 4(c) and § 18-1-409, C.R.S.1973 (1980 Cum.Supp.). The sentence imposed by the trial court, eight years of incarceration plus one year of parole, exceeds the presumptive range of two to four years plus one year of parole established by § 18-1-105(l)(a), C.R.S.1973 (1980 Cum.Supp.), for the offense of second degree burglary of a building. The sentence was required to be served consecutively with whatever…