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SALAS v. DISTRICT COURT IN & FOR SECOND JUD. DIST.

No. 27054.

548 P.2d 605 (1976)

Gerald Lee SALAS, Petitioner, v. The DISTRICT COURT IN AND FOR the SECOND JUDICIAL DISTRICT and State of Colorado, and Henry E. Santo, one of the judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

April 12, 1976.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Norman R. Mueller, Deputy State Public Defender, Denver, for petitioner.

R. Dale Tooley, Dist. Atty., Thomas P. Casey, Chief Deputy Dist. Atty., Denver, for respondents.

LEE, Justice.

This is an original proceeding. On January 2, we issued our rule to the respondent district court to show cause why petitioner should not be resentenced under the sentencing provisions of the Colorado Criminal Code. The respondent has answered and the matter is now at issue. We make the rule absolute.

Petitioner was convicted of second-degree murder on September 26, 1969, and sentenced under the provisions of 1965 Perm.Supp., C.R.S.1963, 40-2...

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