People v. Johnson
Colorado Court of Appeals
1Opinion of the CourtGraham, J.
Defendant, Robin M. Johnson, appeals the trial court’s order denying her Crim. P. 35 motions. We reverse the order, vacate defendant’s sentence, and remand for resen-tencing.
Defendant pled guilty to one felony theft count in each of two cases, resulting in her conviction of a class 3 and a class 4 felony. The presumptive range of sentencing for a class 3 felony is four to twelve years with five years of mandatory parole. The presumptive range of sentencing for a class 4 felony is two to six years with three years of mandatory parole. Section 18-1.3^101(l)(a)(V)(A), C.R.S.2004.
Following…
2Cases cited15 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- In re: Will C. Dean, Jr.Court of Appeals for the Eleventh Circuit · 2004
- People v. DunlapColorado Court of Appeals · 2004
- Strong v. StateIndiana Court of Appeals · 2005
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3Cited by15 opinions
- Dunlap v. PeopleSupreme Court of Colorado · 2007
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