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PEOPLE v. MALACARA

No. 79SA31.

606 P.2d 1300 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Albert MALACARA, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing March 24, 1980.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Kenneth L. Keene, Jr., Richard N. Stuckey, Designated Counsels, Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Philip A. Cherner, Special Deputy State Public Defender, for defendant-appellant.

As Modified on Denial of Rehearing En Banc March 24, 1980.

HODGES, Chief Justice.

The defendant appeals the trial court's denial of his Crim.P. 35(a) motion to reduce the initial sentence imposed. This appeal was originally filed in the court of appeals, but was transferred to this court which assumed jurisdiction pursuant to section 13-4-110(1)(a), C.R.S.1973. The issue on appeal is whether the sentence was too harsh in light of the circumstances of the case...

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