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PEOPLE v. LOBATO

No. 27073.

559 P.2d 224 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gerald Jerome LOBATO, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

January 24, 1977.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Robert C. Lehnert, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Thomas M. Van Cleave III, Deputy State Public Defender, Denver, for defendant-appellant.

LEE, Justice.

Defendant, Gerald Jerome Lobato, appeals from a denial of his motion for reduction of sentence, based upon the contention that he was denied credit for presentence confinement. We affirm.

Defendant was convicted by a jury of the offenses of third-degree assault and simple robbery in violation of 1971 Perm.Supp., C.R.S.1963, 40-3-204 and 40-4-301.1 He was sentenced to the penitentiary on February 2, 1973, to serve...

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