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PEOPLE v. WEBER

No. 28230.

604 P.2d 30 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. James D. WEBER, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 17, 1979.

Attorney(s) appearing for the Case

Alexander M. Hunter, Dist. Atty., C. Phillip Miller, Chief Deputy Dist. Atty., Boulder, for plaintiff-appellant.

J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Richard D. Irwin, Deputy State Public Defender, Denver, for defendant-appellee.

LEE, Justice.

The People appeal from a judgment of the district court imposing an indeterminate four-year sentence on appellee for second-degree burglary. Section 18-4-203, C.R.S. 1973 (1978 Repl. Vol. 8). We reverse the district court.

Weber pled guilty to a charge of second-degree burglary after he had been advised of his rights as provided by Crim.P. 11. At the probation hearing, the defense counsel admitted that Weber had been convicted of another felony...

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