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PEOPLE v. TRUJILLO

No. 80 SA 121.

631 P.2d 146 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jose Gilberto TRUJILLO, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 4, 1981.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Maureen Phelan, Clement P. Engle, Asst. Attys. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colo. State Public Defender, Margaret L. O'Leary, Deputy State Public Defender, Denver, for defendant-appellant.

DUBOFSKY, Justice.

The defendant, Jose Gilberto Trujillo, appeals 1 a district court order denying his Crim.P. 35(a) motion requesting that his sentence of three to five years be corrected to an indeterminate sentence because he had not been convicted of a felony before he committed the crimes for which the sentence at issue here was imposed. We affirm the district court's denial of the motion.

On March 9, 1979, a jury convicted...

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