![]() ![]() Accordingly, the record directly refutes Phipps’ claim. We conclude, as did the district court, that Phipps did not plead guilty to a crime of violence, Phipps was properly advised on the sentencing range, and his actual sentence was within that range. The court advised him of this sentencing range at the providency hearing, and Phipps was advised of this range in the plea agreement. But because Phipps’ crime was punishable as if it were a crime of violence, the minimum was the mid-point of the presumptive range (eight years) and the maximum was twice the top of that range (twenty-four years). A class three felony is presumptively punishable by a term of four to twelve years. Thus, he was subject to sentencing under section 18-1.3-406, which provides mandatory sentences for violent crimes. 2016, provides: “If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to paragraphs (a) to (d) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3406.” Phipps pleaded guilty to sexual assault on a child (position of trust – pattern of abuse), a class three felony under section 18-3-405(2)(d). Pages 20-22, ¶¶ 54-57, currently read: While sexual assault on a child (position of trust – pattern of abuse), the crime to which Phipps pleaded guilty, is punishable as though it were a crime of violence, it is not itself a crime of violence. For our purposes, whether Phipps had installed FrostWire or LimeWire on his computer makes no difference. FrostWire and LimeWire are sister programs, both of which permit users to share files on the internet. Lanni, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee Randy Scott Phipps, Pro Se OPINION is modified as follows: The following footnote (FN 3) has been added to page 9 at the end of ¶ 22: (FN 3) On petition for rehearing, Phipps argues that FrostWire, not LimeWire, was installed on his computer. ORDER AFFIRMED Division VII Opinion by JUDGE BERGER Terry and Booras, JJ., concur Opinion Modified and Petition for Rehearing DENIED Announced DecemCynthia H. ![]() Munch, Judge The People of the State of Colorado, Plaintiff-Appellee, v. 15CA0813 Jefferson County District Court No. COLORADO COURT OF APPEALS 2016COA190M Court of Appeals No. ![]()
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