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PEOPLE v. WEBB

No. 26049.

542 P.2d 77 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Bobby Joe WEBB, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 10, 1975.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Donna A. Maranchik, Thomas J. Tomazin, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Lee Belstock, Allan Lipson, Deputy State Public Defenders, Denver, for defendant-appellant.

DAY, Justice.

The defendant, Bobby Joe Webb, appeals from a jury conviction of manslaughter under 1971 Perm.Supp., C.R.S.1963, 40-3-104(1) (a)1. This subsection of the statute was held unconstitutional in People v. Calvaresi, Colo., 534 P.2d 316 (1975). The Attorney General agrees that we must reverse, but remand with directions to resentence the defendant...

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