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PEOPLE v. McKENNA

Nos. 79SA165, 79SA209.

611 P.2d 574 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard T. McKENNA, Defendant-Appellant. The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Robert Lee NEWELL, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 16, 1980.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., David K. Rees, Asst. Atty. Gen., Denver, Nolan L. Brown, Dist. Atty., Paul Cohen, Frederick B. Skillern, Deputy Dist. Attys., Golden, for plaintiff-appellee.

J. Gregory Walta, Colorado Public Defender, Norman R. Mueller, Shelley I. Gilman, Deputy Public Defenders, Denver, for defendants-appellants.

DUBOFSKY, Justice.

The defendants in People v. Newell and People v. McKenna, consolidated for purposes of appeal, seek re-sentencing under a version of House Bill 1589, Colo.Sess.Laws 1977, ch. 216, 18-1-105 at 867, legislation fixing determinate sentences for classes of crimes. The General Assembly in special session postponed the effective date of the bill. The defendants allege that the Governor's call for the special session violated the constitutional...

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