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PEOPLE v. VILLA

No. 81CA0766.

671 P.2d 971 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Xavier VILLA, Defendant-Appellant, and Jorge Vargas, a/k/a Monkey, a/k/a Chongo, a/k/a Grillo, a/k/a Manuel Gonzales Garcia, Defendant.

Colorado Court of Appeals, Div. I.

Rehearing Denied April 21, 1983.

Certiorari Denied October 31, 1983.

Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., William G. Morgan, Designated Counsel, Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Michael Heher, Deputy State Public Defender, Denver, for defendant-appellant.

STERNBERG, Judge.

This is an appeal from an order of contempt entered when defendant Xavier Villa refused to testify at the trial of his co-defendant. We reverse.

Villa was called as a witness in the trial of a co-defendant. Villa had pleaded guilty and had been sentenced on two charges arising out of the same events upon which he was to testify. One sentence exceeded the presumptive range, as permitted by § 18-1-105, C.R.S.1973 (1982 Cum.Supp.). Because...

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