People v. Patton, No. 98CA0892.
| Docket Nº | No. 98CA0892. |
| Citation | 7 P.3d 1057 |
| Case Date | December 09, 1999 |
| Court | Court of Appeals of Colorado |
7 P.3d 1057
The PEOPLE of the State of Colorado, Plaintiff-Appellee,v.
Brand PATTON, Defendant-Appellant
No. 98CA0892.
Colorado Court of Appeals, Div. IV.
December 9, 1999.
Certiorari Granted September 5, 2000.
Law Office of Jane Hazen, Jane Hazen, Denver, Colorado, for Defendant-Appellant.
Opinion by Judge BRIGGS.
Defendant, Brand Patton, appeals the judgment of conviction and sentences entered upon his guilty pleas to one count of unlawful possession of a controlled substance and one count of unlawful manufacture/distribution of a controlled substance. We affirm.
Defendant was charged with multiple counts in two successive cases. In case 97CR26, a multi-defendant information was filed. Defendant was charged with unlawfully manufacturing methamphetamine/amphetamine (count 17), unlawfully possessing methamphetamine/amphetamine (count 18), unlawfully possessing ephedrine (count 19), conspiring to manufacture or distribute methamphetamine/amphetamine (count 20), and conspiring to manufacture or distribute ephedrine (count 21). In addition, defendant was charged with a petty offense and a sentence enhancement provision for possession of a deadly weapon. The information alleged that all of the offenses were committed between October 1, 1996, and February 4, 1997.
After the prosecutor dismissed count 19 of the information, the county court conducted a preliminary hearing on the remaining felony charges. The court found probable cause for each offense and bound defendant over to district court.
Defendant was later charged with three additional offenses in case 97CR125: two counts of unlawful distribution, manufacturing, dispensing, sale, and possession of methamphetamine and one count of conspiracy to commit unlawful distribution, manufacturing, dispensing, sale, and possession of methamphetamine. The information alleged that these offenses were committed between February 5, 1997, and July 17, 1997. Defendant was bound over to district court on these charges as well.
In the district court, the prosecutor filed a motion seeking to consolidate the two cases and asking the court to combine the "similar" charges "with an offense date of October 1, 1996, to July 17, 1997." The record does not indicate that the trial court granted the motion, but it did order that the two cases be "joined for further disposition."
Soon thereafter, the parties entered into a plea agreement. Pursuant to that agreement, the People amended count 17 in case 97CR26 (the methamphetamine/amphetamine manufacturing count) so that the dates charged were from October 1, 1996, to July 17, 1997. Defendant agreed to plead guilty to that amended charge, together with count 18 in the same case (unlawfully possessing methamphetamine/amphetamine between October 1, 1996, and February 4, 1997). In exchange, the People agreed to dismiss all remaining charges pending against defendant.
At the providency hearing, the factual basis for the two charges to which defendant had agreed to plead guilty was established by means of police affidavits prepared in support of the arrest and search warrants. The trial court accepted the pleas and imposed concurrent sentences to the Department of Corrections (DOC) of twelve years on the manufacturing count and six years on the possession count. This...
To continue reading
Request your trial
-
Patton v. People, No. 00SC82.
...II controlled substance, both counts in violation of section 18-18-405(1)(a), 6 C.R.S. (2000). We granted certiorari in People v. Patton, 7 P.3d 1057 (Colo.App.1999), to determine whether Patton could lawfully be convicted and punished on both counts pursuant to his guilty plea in light of ......
-
People v. Bachofer, No. 02CA1381.
...issues on appeal. We agree. Prior cases have suggested that some constitutional challenges survive guilty pleas. See People v. Patton, 7 P.3d 1057 (Colo.App.1999)(double jeopardy challenge based on the face of the charging instrument survives guilty plea), rev'd on other grounds, 35 P.3d 12......
-
Patton v. People, No. 00SC82.
...II controlled substance, both counts in violation of section 18-18-405(1)(a), 6 C.R.S. (2000). We granted certiorari in People v. Patton, 7 P.3d 1057 (Colo.App.1999), to determine whether Patton could lawfully be convicted and punished on both counts pursuant to his guilty plea in light of ......
-
People v. Bachofer, No. 02CA1381.
...issues on appeal. We agree. Prior cases have suggested that some constitutional challenges survive guilty pleas. See People v. Patton, 7 P.3d 1057 (Colo.App.1999)(double jeopardy challenge based on the face of the charging instrument survives guilty plea), rev'd on other grounds, 35 P.3d 12......