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PEOPLE v. MANKOWSKY

No. 26125.

529 P.2d 314 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gene Marvin MANKOWSKY, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

December 16, 1974.

Attorney(s) appearing for the Case

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

Roberts & Kengle, Harry Kengle, Florence, for defendant-appellant.

PRINGLE, Chief Justice.

Defendant was indicted on four counts of first-degree rape, C.R.S.1963, 40-2-25. Pursuant to plea negotiations, three counts were dismissed, and the defendant plead guilty to one count of first-degree rape. On September 25, 1970, he was sentenced to the Colorado State Penitentiary for a term of 40-50 years and the judgment against him became final upon his failure to appeal. At the time of sentencing, the permissible statutory penalty for first...

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