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People v. Villela

Court of Appeals of Colorado, Second Division

June 27, 2019

The People of the State of Colorado, Plaintiff-Appellee,
v.
Danny Lee Villela, Defendant-Appellant.

         

          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 ...

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