PEOPLE v. GOODWIN

No. 76-525.

582 P.2d 1065 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Norman Dale GOODWIN, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearings Denied June 8, 1978.

Certiorari Granted August 21, 1978.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Felipe V. Ponce, 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.


STERNBERG, Judge.

A jury found the defendant, Norman Dale Goodwin, guilty of second degree kidnapping. Within 10 years prior to this conviction Goodwin had pled guilty to one previous felony and nolo contendere to a second. Consequently the trial court sentenced him to a term not less than 18 nor more than 25 years under the habitual criminal statute. We affirm the conviction, but vacate the sentence and remand for resentencing for a term within the statutory limits...

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