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LANGE v. SCHAUER

No. 25689.

520 P.2d 753 (1974)

Thomas F. LANGE, Petitioner-Appellee, v. Hilbert SCHAUER, Executive Director Department of Institutions and Fred Wyse, Warden, Colorado State Penitentiary, Respondents-Appellants.

Supreme Court of Colorado, In Department.

Rehearing Denied April 22, 1974.

Attorney(s) appearing for the Case

Frickey, Cairns & Wylder, P. C., Earl S. Wylder, Denver, for petitioner-appellee.

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Richard G. McManus, Jr., Asst. Atty. Gen., Denver, for respondents-appellants.

LEE, Justice.

The petition of Thomas L. Lange, appellee, for a writ of habeas corpus was granted by the Denver district court, which ordered that he be unconditionally released from the state penitentiary where he was serving a sentence for a conviction of larceny of a motor vehicle. In this appeal the People challenge the validity of the order of discharge. We affirm in part and reverse in part.

Lange, who was on parole from a sentence in the state penitentiary...

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