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VILLAFRANCA v. PEOPLE

No. C-1158.

573 P.2d 540 (1978)

John Arthur VILLAFRANCA, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

January 16, 1978.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Thomas M. Van Cleave III, Deputy State Public Defender, Denver, for petitioner.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., David K. Rees, Asst. Atty. Gen., Denver, for respondent.

LEE, Justice.

Petitioner John Arthur Villafranca was convicted by a jury in Larimer County District Court of aggravated robbery and of conspiracy to commit robbery.1 He was sentenced to concurrent indeterminate terms not to exceed five years. We affirm the aggravated robbery conviction, but reverse the conviction for conspiracy.

The People's evidence showed that on November 14, 1974, at approximately 2:45 a. m., a 7-Eleven store...

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