People v. Moriarity

Opinion by

Judge NIETO.

Defendant, Jeremiah J. Moriarity, appeals the trial court's order denying his Crim. P. 35(c) motion for post-conviction relief, We affirm, but remand for correction of the mit-timus.

In February 1996, defendant pled guilty to one count of first degree assault-heat of passion, a class-five felony, and was sentenced to the Department of Corrections (DOC) for three years, the maximum in the presumptive range. Although it is not reflected on the mittimus, defendant must also serve an additional two-year period of mandatory parole. Section 18-1-105(1)(a)(V)(A), C.R.S.1999.

Defen…