People v. Wieghard
Colorado Court of Appeals
1Opinion of the Court
METZGER, Judge.
The major issue in this case is whether, on remand, a trial court may sentence a defendant to a term consecutive to another sentence imposed after defendant’s appeal but before his re-sentence. We hold that such action by a trial court is appropriate. However, we further hold that a trial court may not, on remand, re-sentence a defendant for convictions that were not appealed. Accordingly, we affirm in part, reverse in part, and remand the cause for correction of the mittimus.
Defendant, Robert Wieghard, was convicted in 1983 by a jury in El Paso County of aggravated robbery,…
2Cases cited15 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- United States v. JacksonSupreme Court of the United States · 1968
- Wasman v. United StatesSupreme Court of the United States · 1984
- Texas v. McCulloughSupreme Court of the United States · 1986
- People v. HaymakerSupreme Court of Colorado · 1986
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3Cited by11 opinions
- Montoya v. PeopleSupreme Court of Colorado · 1993
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- People v. PenrodColorado Court of Appeals · 1994
- People v. WilsonColorado Court of Appeals · 1991
- People v. LeonardColorado Court of Appeals · 1993
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