ERICKSON, Justice.
Charles Clyde Regan is presently serving a sentence of not less than five and one-half years nor more than ten years in the Colorado State Penitentiary for the crime of larceny by bailee. Following denial of a motion to correct sentence under Crim.P. 35(a), he prosecuted an appeal to this Court. Looking to our holding in Maciel v. People, 172 Colo. 8,
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