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PEOPLE v. FETTY

No. 81SA565.

650 P.2d 541 (1982)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Albert Lee FETTY, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 13, 1982.

Attorney(s) appearing for the Case

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

J. Gregory Walta, Colorado State Public Defender, Shelley Gilman, Deputy State Public Defender, Littleton, for defendant-appellant.

HODGES, Chief Justice.

Defendant-Appellant, Albert Lee Fetty, who was found not guilty by reason of insanity to first-degree murder, challenges as unconstitutional section 16-8-105(4), C.R.S. 1973 (1978 Repl. Vol. 8), which requires the trial court to automatically commit a defendant found not guilty by reason of insanity to the department of institutions until such time as he is found eligible for release. The defendant also asserts that the trial court erred in...

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