People v. Benavidez

Opinion by

Judge VOGT.

Defendant, David Benavidez, appeals the sentence to probation imposed following his guilty plea to third degree sexual assault. We vacate the sentence in part and remand for resentencing.

In 1999, defendant was charged with three felony sexual assault counts arising out of incidents involving a nine-year-old girl. After a jury trial on these counts ended in a mistrial, defendant entered into a plea agreement. In exchange for dismissal of the original charges, he pled guilty to an added count of third degree sexual assault, a class one misdemeanor under Colo. Sess. Laws…