People v. Luther

Opinion by

Judge MARQUEZ.

Defendant, Mark Lowe Luther, appeals from the trial court order denying his Crim. P. 85(a) motion for postconviction relief. We affirm in part, reverse in part, and remand for correction of the mittimus.

In 1995, defendant was convicted of reckless manslaughter, a class four felony. The trial court sentenced him to an eighteen-month term in the Department of Corree-tions (DOC). Although the mittimus referred to a term of parole authorized by § 17-22.5-803, C.R.S., a three-year period of mandatory parole automatically attached to defendant's prison sentence pursuant to §…