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PEOPLE v. FOSTER

No. 79SA564.

615 P.2d 652 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David K. FOSTER, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 25, 1980.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Susan P. Mele-Sernovitz, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colo. State Public Defender, Norman R. Mueller, Deputy State Public Defender, Denver, for defendant-appellant.

ROVIRA, Justice.

In 1975, the defendant was convicted by a jury of aggravated robbery and conspiracy to commit aggravated robbery. He was also found to be a habitual criminal and was sentenced to a term of imprisonment of 40-80 years.

In 1977, in an unpublished opinion, the Colorado Court of Appeals affirmed the aggravated robbery and conspiracy convictions, but vacated the habitual criminal sentence. On April 4,...

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