July 22, 2018

Colorado Supreme Court: Trial Court Cannot Impose Probationary Sentence Without Defendant’s Consent

The Colorado Supreme Court issued its opinion in Veith v. People on Monday, March 6, 2017.

Probation—Sentencing.

The Colorado Supreme Court considered whether a defendant has consented to a probationary sentence imposed in addition to a sentence of incarceration when he or she requested probation in lieu of incarceration. The court held that a trial court cannot impose a sentence of probation without the defendant’s consent.

Accordingly, the supreme court held that in this case the trial court exceeded the scope of Veith’s consent when it imposed a 10-year prison sentence in addition to the probationary sentence. The  judgment of the court of appeals was reversed.

Summary provided courtesy of The Colorado Lawyer.

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