People v. Sandoval

Opinion by

Judge VOGT.

Defendant, Donovan J. Sandoval, appeals the trial court’s denial of his Crim. P. 35(a) motion to correct an illegal sentence. We reverse and remand.

Defendant pleaded guilty to second degree burglary, and was sentenced to two years imprisonment, subsequently reduced to two years probation. Thereafter, defendant violated the terms of his probation and was resentenced to the Department of Corrections (DOC) for two years. Although the trial court was advised that defendant was serving a separate sentence in the Denver county jail at the time of the resentencing, the court did…