Colorado Supreme Court Opinions

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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