ERICKSON, Justice.
Frank L. Falgout was convicted of simple robbery and sentenced to a term of seven to ten years in the Colorado State Penitentiary. Thereafter, with the advice of counsel, he invoked the provisions of Colo.R.Crim.P. 38(a) (2) and remained in the county jail pending resolution of an appeal. Incidental to his election under Colo.R.Crim.P. 38(a) (2), the defendant's sentence was stayed. After his appeal was dismissed, he was sent to the penitentiary...
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