PEOPLE v. CALLOWAY

No. 78-890.

591 P.2d 1346 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Vernon Eugene CALLOWAY, Defendant-Appellant.

Colorado Court of Appeals, Division I.

February 22, 1979.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., David K. Rees, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Nicholas R. Massaro, Jr., Deputy State Public Defender, Denver, for defendant-appellant.


SILVERSTEIN, Chief Judge.

Defendant, Vernon Eugene Calloway, was convicted of aggravated robbery, given a suspended sentence, and placed on supervised probation for five years. His conviction was reversed by this court. On retrial, before a different trial judge, defendant was again convicted of aggravated robbery and given the identical suspended sentence. However, unlike the earlier probation, his probation is now conditioned upon serving 90 days in the county jail...

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