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PEOPLE v. MARTINEZ

No. 27072.

559 P.2d 228 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Rubel MARTINEZ, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing February 14, 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, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Carol L. Gerstl, Deputy State Public Defender, Denver, for defendant-appellant.

LEE, Justice.

Defendant, Rubel Martinez, was convicted on his plea of guilty of the offense of unlawful possession of a narcotic drug, heroin, in violation of C.R.S. 1963, 48-5-2,1 and was sentenced to the state penitentiary for a term of not less than three nor more than five years. He claims that the trial court erred in failing to give him credit for 131 days of presentence confinement in the county jail. The record does not sustain...

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