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PEOPLE v. VIGIL

No. 76-026.

570 P.2d 13 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joseph D. VIGIL, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied June 30, 1977.

Certiorari Granted October 3, 1977.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., John R. Rodman, E.

Ronald Beeks, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Dorian E. Welch, Deputy State Public Defender, Denver, for defendant-appellant.

STERNBERG, Judge.

Defendant Joseph Vigil was convicted by a jury of second degree burglary on September 2, 1975. Under the terms of the habitual criminal statute then in effect, § 16-13-101(1), C.R.S.1973, he was sentenced to a term of 40 to 41 years, but in consideration of jail time served, the minimum term was reduced to 37 years. The minimum sentence permissible under that statute was 40 years. After Vigil was sentenced, the habitual criminal statute was...

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