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People v. Martinez
Citations: 703 P.2d 619; 1985 Colo. App. LEXIS 1020Docket: No. 83CA0798
Court: Colorado Court of Appeals; February 13, 1985; Colorado; State Appellate Court
Frank Richard Martinez appeals his sentence for attempted escape under 18-8-208.1, C.R.S. 1984 Cum. Supp., following a guilty plea. The original sentence, which was four years and one day and to run consecutively with his current two-year sentence for theft and first-degree criminal trespass, was imposed by the trial court based on a conclusion that the law mandated a sentence beyond the presumptive range. The appellate court disagreed, stating that the trial court erred in interpreting 18-1-105(9)(a)(V, C.R.S. 1984 Cum. Supp. as requiring a sentence above the presumptive range, referencing precedent from People v. Russell, which allows for sentencing within the presumptive range for attempted escape. Although the trial court correctly ordered the new sentence to run consecutively, it did not fully consider its discretion in determining the sentence length within the presumptive range. Consequently, the appellate court vacated the sentence and remanded the case for resentencing. Judges Pierce and Smith concurred with this decision.