PEOPLE v. CLARK

No. 25336.

515 P.2d 1242 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ernie Ray CLARK, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 3, 1973.


Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Colin M. Clark, Charles Ginsberg, Denver, for defendant-appellant.


ERICKSON, Justice.

The defendant, by this appeal, seeks to vacate the sentences which were imposed after a jury found him guilty of rape (C. R.S.1963, 40-2-25(1)(d)) and kidnapping (C.R.S.1963, 40-2-44(2)) and to obtain a new trial. Prior to the imposition of sentence, a comprehensive pre-sentence investigation report was prepared for the use of the trial judge, and the report was made available to defense counsel. The record also discloses that before the defendant...

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