Colorado Court of Appeals May 3, 2007, 05CA1836 (People v. Tolbert)

Opinion by

Judge WEBB.

Defendant, Aaron D. Tolbert, an inmate, appeals the trial court order denying his Crim. P. 35(a) challenge to the parole component of his sentence as illegal. Assuming this component is mandatory, we conclude that it is illegal, and thus we further conclude that the trial court incorrectly denied the motion as successive.