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PEOPLE v. SELLERS

No. 87CA1441.

762 P.2d 749 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard C. SELLERS, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied July 21, 1988.

Certiorari Denied October 11, 1988.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Paul H. Chan, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Thomas R. Williamson, Deputy State Public Defender, Denver, for defendant-appellant.

PIERCE, Judge.

Defendant, Richard C. Sellers, appeals a sentence of twelve years imposed following his guilty plea to second degree burglary. He concedes that, at the time of sentencing, he was on probation for an Oregon felony conviction, but contends that because the same offense for which he was convicted in Oregon is classified as a misdemeanor in Colorado, the trial court erred in imposing a sentence in the aggravated range pursuant to § 18-1-105(9)(a)(III...

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