PEOPLE v. SPANN

No. 75-091.

549 P.2d 427 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. George Philip SPANN, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 22, 1976.

Certiorari Granted May 3, 1976.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., William J. Donlon, Jr., Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, Mary G. Allen, Deputy State Public Defender, Denver, for defendant-appellant.


Selected for Official Publication.

SMITH, Judge.

Defendant pleaded guilty to killing a calf in violation of what is now § 35-43-128, C.R.S.1973, and was sentenced to a term of not less than three nor more than five years in the state penitentiary. Within 120 days thereafter, he moved that the trial court reduce his sentence under Crim.P. 35(a). The trial court denied this motion, and defendant appeals. We affirm.

The statute under which defendant...

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