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PEOPLE v. WINES

No. 78-616.

597 P.2d 1056 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David Dee William WINES, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

July 5, 1979.

Attorney(s) appearing for the Case

Nolan L. Brown, Dist. Atty., Dan B. Fahrney, Chief Deputy Dist. Atty., Robert D. Kelly, Deputy Dist. Atty., Golden, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Denver, Arthur S. Nieto, Special Deputy State Public Defender, Golden, for defendant-appellant.

SILVERSTEIN, Judge.

Defendant escaped from custody while serving a sentence imposed after he pled nolo contendere to felony charges of first degree criminal trespass and second degree forgery. Thereafter defendant was apprehended and convicted of violating § 18-8-208(2), C.R.S.1973. This statute, in effect at the time of his escape, provided as follows:

"A person commits a class 3 felony if, while being in custody or confinement under a sentence following...

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