People v. Russell

BABCOCK, Judge.

Defendant, Stanley G. Russell, appeals from the sentence imposed upon the judgment of conviction entered on a jury verdict finding him guilty of escape. We vacate the sentence, and remand for resentencing.

Defendant was convicted of escape in violation of § 18-8-208(2), C.R.S. (1978 Repl.Vol. 8), which provides that:

“A person commits a class 3 felony if, while being in custody or confinement under a sentence following conviction of a felony other than a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.”

The trial court concluded that §…