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PEOPLE v. TRIGGS

No. 80SA154.

613 P.2d 317 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Oscar Wendell TRIGGS, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

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., Kathleen M. Bowers, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Ilene P. Buchalter, Deputy State Public Defender, Denver, for defendant-appellant.

QUINN, Justice.

The defendant appeals the denial of his motion for post-conviction relief, contending that he is entitled to resentencing under the presumptive sentencing provisions of the 1977 version of House Bill 1589. Colo.Sess. Laws 1977, ch. 216, 18-1-105 at 867. We affirm the judgment.

The defendant pled guilty to second-degree burglary, a class three felony, section 18-4-203, C.R.S.1973 (now in 1978 Repl.Vol. 8), and on March 14, 1977, he was sentenced...

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