In Re Estate of Sarah Olschansky

The People appeal from the eighteen month sentence imposed on the defendant-appellee, Paul Leonard, by the Fremont County District Court. We conclude that the district court judge abused his discretion in sentencing the defendant to a term of imprisonment within the presumptive range set forth in the sentencing statute. For that reason, we vacate the sentence and remand with instructions to the district court to resentence the defendant within the aggravated range as required by section 18-1-105(9)(a)(V), 88 C.R.S. (1986).