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PEOPLE v. SWAIN

No. 77-593.

607 P.2d 396 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Fred Henry SWAIN, Defendant-Appellant.

Colorado Court of Appeals, Division I.

Rehearing Denied December 20, 1979.

Certiorari Denied February 19, 1980.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., David Schwartz, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Ilene P. Buchalter, Deputy State Public Defender, Denver, for defendant-appellant.

COYTE, Judge.

Defendant, Fred Swain, appeals his conviction of two counts of first degree assault and two counts of aggravated battery, and his adjudication as an habitual criminal. We affirm.

The criminal charges against the defendant arose out of an armed robbery and shooting incident. To support adjudication as an habitual criminal and consequent enhancement of punishment, it was alleged that the defendant had been convicted of robbery in Colorado, and...

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