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PEOPLE v. GRISWOLD

No. 26266.

543 P.2d 1251 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Robert G. GRISWOLD, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

December 29, 1975.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Janet Lee Miller, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Dorian E. Welch, Deputy State Public Defender, Denver, for defendant-appellant.

KELLEY, Justice.

Defendant appeals the district court's denial of his Crim.P. 35 motion challenging the legality of the sentence imposed upon his conviction of theft. 1967 Perm.Supp., C.R.S.1963, 40-5-2.1 The court ruled that defendant was not entitled to indeterminate sentencing, because the indeterminate sentencing statutes (Colo.Sess.Laws 1973, ch. 145, 39-11-101(1) (b)2 at 503, and 39-11-304(2) (a)

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