Boulder County District Court No. 14CR490. Honorable Patrick
D. Butler, Judge.
COUNSEL:
Philip
J. Weiser, Attorney General, John T. Lee, Senior Assistant
Attorney General, Denver, Colorado, for Plaintiff-Appellee.
Megan
A. Ring, Colorado State Public Defender, Brian Cox, Deputy
State Public Defender, Denver, Colorado, for
Defendant-Appellant.
Judges: Opinion by JUDGE DAILEY. Pawar and Carparelli
[*] , J., concur.
OPINION
DAILEY, Judge
Page 744
[¶ 1] Defendant, Danny Lee Villela, appeals the
sentence imposed following termination of his probation. We
affirm.
Page 745
I.
Background
A.
Plea and First Probation Revocation
[¶ 2] Defendant was originally charged with,
among other things, menacing and six counts of child abuse
after he threatened and physically abused his wife and their
children. Pursuant to a written plea agreement, he pleaded
guilty to menacing and child abuse. In the agreement, the
parties agreed that the sentence to be imposed would be at
the discretion of the court, but that, if the district court
sentenced defendant to the custody of the Department of
Corrections (DOC), the sentences would be in the presumptive
range of one to three years and would run concurrently to
each other.
[¶ 3] Defendant requested a sentence to
probation, and the district court sentenced him to five years
of probation. The next year, following a violation of the
probation terms, the court revoked and reinstated
defendant's probation.
B.
Second Probation Revocation
[¶ 4] A year later, the People again moved
to revoke defendant's probation after he escaped from his
program, contacted the victim in violation of a protection
order, took her truck, and fled the jurisdiction.
[¶ 5] The court revoked defendant's
probation. At the resentencing hearing, defendant argued that
the court could impose presumptive range DOC sentences of no
more than three years for each of his class 5 felonies,
because he had " specifically pled guilty to the
presumptive range" and his plea documents did not state
" what the aggravating range was" for these crimes.
However, he acknowledged that the original stipulations set
forth in the plea agreement were no longer operative:
I am fully aware of the fact that when somebody is sentenced,
[if] they violate the sentence, that things like stip to no
prison, stip to, you know, stip to probation, that those
...