March 06, 2017
2017 CO 19. No. 14SC1021. Veith v. People.
Probation—Sentencing.
The 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. Accordingly, the judgment of the Court of Appeals was reversed.
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