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PEOPLE v. MARTINEZ

Nos. 25882 and 25871.

524 P.2d 73 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Augustin Joe MARTINEZ, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

February 19, 1974.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., James S. Russell, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Dorian E. Welch, Deputy State Public Defender, Denver, for defendant-appellant.

PER CURIAM.

Augustin Joe Martinez pleaded guilty on April 5, 1972, to first-degree burglary in violation of 1965 Perm.Supp., C.R.S.1963, 40-3-5. On April 13, 1972, he was sentenced to a term of not less than seven nor more than ten years in the state penitentiary, with credit to be given for his presentence confinement.

A motion for post-conviction relief of sentence reduction, pursuant to 1971 Perm.Supp., C.R.S.1963, 40-1-510(1)(f), was filed on July 10,...

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