The Colorado Court of Appeals ruled to partially vacate a conviction in a previous Mesa County ruling and remanded the case for resentencing.
The defendant, Krystal Dawn Britton, was charged with possessing marijuana with intent to distribute more than 12 ounces but not more than 5 pounds, possessing drug paraphernalia and a special offender count.
While the jury found her guilty of both possessing with intent to distribute marijuana and possessing drug paraphernalia, the special offender count was Britton's main course of contention.
Britton argued against the special offender sentence enhancer citing the fact the jury did not find her guilty of all the elements of the charge. The court of appeals agreed.
"Britton's conviction on the special offender count can't stand," the court ruled. "The appropriate remedy is to remand for resentencing on Britton's level 3 drug felony conviction for possessing with intent to distribute marijuana."
The special offender count made the possessing-with-intent-to-distribute count a level 1 drug felony.
The court ruling means her conviction should have been for a level 3 drug felony. The court ruled she required a new sentence
Britton's special offender count was removed and she will need to be resentenced on a level 3 drug felony conviction.
DRIVER CONTESTS PRIOR
Wayne Lee Kuhn appealed a previous Mesa County felony conviction for driving under the influence. That appeal was denied by the Colorado Court of Appeals in a decision announced this week.
Kuhn was pulled over after police saw a vehicle with all its doors open backed up to a motel room door in Grand Junction, according to the case background.
He was later pulled over and reportedly got out of the vehicle. He admitted to the officer that he had been drinking and he was going to get a DUI, the background said.
He allegedly asked the trooper to look the other way but he was arrested for DUI.
He was charged with DUI on a fourth or subsequent offense and the district court found him guilty of all charges. He was sentenced to four years of probation and 90 days of jail.
Kuhn contended there was insufficient evidence to establish he was the person who was convicted of the prior offenses. The court of appeals disagreed.
According to the court, there was evidence that Kuhn was the only person with his name and date of birth who had any motor vehicle record in Colorado.
The court felt his previous DUI convictions were sufficiently proven.