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LITSEY v. DISTRICT COURT, ETC.

No. 27548.

565 P.2d 1343 (1977)

Evert Owen LITSEY, Petitioner, v. The DISTRICT COURT IN AND FOR the TWENTY-FIRST JUDICIAL DISTRICT and State of Colorado, and William M. Ela, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

June 27, 1977.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Thomas M. Van Cleave III, Deputy State Public Defender, Denver, for petitioner.

Terrance Farina, Dist. Atty., John A. Achziger, Deputy Dist. Atty., Grand Junction, for respondents.

PRINGLE, Chief Justice.

On June 4, 1974, Evert Owen Litsey, the petitioner herein, was convicted of a class 4 felony which carried a maximum penalty of 10 years in the State Penitentiary. An habitual criminal count had been filed in connection with this felony. Since Litsey had been convicted of felonies in 1961 and 1962, he was sentenced to 15-20 years in the State Penitentiary pursuant to the provisions of the statute providing for enhanced penalties for those who...

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