Riley v. People

In People v. Riley, No. 88CA1626 (Colo.App.1990) (not selected for publication), the Colorado Court of Appeals affirmed the trial court’s ruling that section 18-1-105(9)(a), 8B C.R.S. (1988 Supp.), was not applicable to sentencing proceedings occasioned by a plea of guilty by defendant, Melvin J. Riley, to the offense of fraud by check, a class four felony. We granted certiorari to review the propriety of the Court of Appeals judgment in light of its prior decision in People v. Gallegos, 789 P.2d 461 (Colo.App.1989). We affirm.

I

In early April 1988, the defendant opened a checking account at…