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PEOPLE v. THOMAS

No. 26174.

525 P.2d 1136 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Lester THOMAS, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 9, 1974.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Gregory L. Williams, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Thomas M. Van Cleave III, Deputy State Public Defender, Denver, for defendant-appellant.

KELLEY, Justice.

Lester Thomas appeals the denial of his motion for post-conviction review of sentence pursuant to 1971 Perm.Supp., C.R.S. 1963, 40-1-510(1)(f). We reverse.

Appellant was charged with attempted burglary under 1967 Perm.Supp., C.R.S. 1963, 40-3-5, and 1967 Perm.Supp., C.R.S. 1963, 40-25-1. On July 13, 1972, he was convicted by a jury of this offense, and on August 21, 1972, he was sentenced to a term of imprisonment of not less than eight and...

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