MARTINEZ v. PEOPLE

No. 20560.

382 P.2d 990 (1963)

Benny P. MARTINEZ, Johnny Rivera, Elmer Duran, Fermin Bercillio, also known as Herman Bercillio, and David Maes, Plaintiffs in Error, v. The PEOPLE of the State of Colorado, Defendants in Error.

Supreme Court of Colorado. En Banc.

June 24, 1963.


Attorney(s) appearing for the Case

Charles S. Vigil, Denver, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John P. Moore, Asst. Atty. Gen., Denver, for defendant in error.


FRANTZ, Chief Justice.

Plaintiffs in error were found guilty of forcible rape, statutory rape, and kidnapping upon their pleas of guilty to these charges. The trial court imposed sentences immediately after the entry of the pleas and the taking of evidence. It imposed sentences of not less than 20 nor more than 30 years on the counts of forcible rape and statutory rape, such sentences "to run concurrently." On the count charging kidnapping, the court imposed a sentence...

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