[Download] "People v. Herrera" by Colorado Court of Appeals No. 85CA1329 * eBook PDF Kindle ePub Free

eBook details

Title: People v. Herrera
Author : Colorado Court of Appeals No. 85CA1329
Release Date : January 18, 1986
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 47 KB

Description

Defendant, Joseph S. Herrera, pled guilty to attempted theft, and the trial court imposed a direct sentence to community corrections for one year to be followed by one year of ""parole."" He completed the community corrections program and thereafter was placed under the supervision of the probation department pursuant to the one year ""parole"" previously imposed. Four months later, the probation department filed a petition to revoke his parole based on defendant's arrest for violation of several municipal ordinances. The trial court sustained the petition to revoke and then resentenced defendant to the Department of Corrections for a term of one year plus one year of parole. Defendant appeals the new sentence. We set aside the new sentence and remand for resentencing. Defendant contends that the trial court was without jurisdiction to sentence him to one year of parole following the one-year direct sentence to community corrections and, therefore, was without jurisdiction to sentence him to the Department of Corrections following service of his direct sentence to community corrections. We disagree.