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PEOPLE v. FLOWER

Nos. 80CA0809, 80CA1089.

644 P.2d 64 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Terry Lee FLOWER, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 7, 1982.

Certiorari Granted March 22, 1982.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Morgan Rumler, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Gerald Piper, Deputy State Public Defender, Denver, for defendant-appellant.

KIRSHBAUM, Judge.

This appeal involves a non-adversary review under C.A.R. 4(d)(3) and (4), pursuant to § 18-1-409.5, C.R.S.1973 (1980 Cum.Supp.), and an adversary appeal pursuant to C.A.R. 4(c) and § 18-1-409, C.R.S.1973 (1980 Cum.Supp.). The sentence imposed by the trial court, eight years of incarceration plus one year of parole, exceeds the presumptive range of two to four years plus one year of parole established by § 18-1-105(1)(a), C.R.S.1973...

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