PEOPLE v. ATENCIO

No. 93CA0979.

878 P.2d 147 (1994)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Marty Leon ATENCIO, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

June 30, 1994.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Robert M. Petrusak, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Richard I. Gonzalez, P.C., Richard I. Gonzalez, Colorado Springs, for defendant-appellant.


Opinion by Judge ROY.

Defendant, Marty Leon Atencio, was convicted of five counts relating to the possession of or possession with intent to sell or distribute cocaine and marijuana. He was also found to have "possessed or had available for use a deadly weapon during the commission of any one or more of the above listed offenses," thereby making him subject to sentencing as a "special offender" under § 18-18-407(1)(f), C.R.S. (1993 Cum.Supp.). On appeal, the...

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