People v. Phillips

Opinion by

Judge DAVIDSON.

Defendant, William C. Phillips, appeals from the aggravated sentence imposed following his guilty plea to attempted escape. We affirm.

I

As a threshold matter, we address the People’s assertion that by virtue of the rule announced in People v. Andrews, 871 P.2d 1199 (Colo.1994) that § 18-1-105(9)(a)(V), C.R.S. (1994 Cum.Supp.) does not apply to escape charges, the defendant here must be resenteneed. We disagree. The analysis in Andrews is inapplicable here because defendant’s aggravated sentence resulted from the application of § 18-1-105(9.5)(a), C.R.S. (1994…