PEOPLE v. GIMMY

No. 79CA0060.

620 P.2d 42 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jerry M. GIMMY, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 24, 1980.

Certiorari Granted December 8, 1980.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., William Morris, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Robert Breindel, Deputy Colorado State Public Defender, Denver, for defendant-appellant.


STERNBERG, Judge.

The issue in this appeal is whether the habitual criminal statute applies where the underlying felonies arise from convictions that were all entered on the same day. We conclude that it does, and therefore affirm the trial court's sentence of life imprisonment imposed upon defendant as an habitual criminal pursuant to § 16-13-101(2), C.R.S. 1973 (1978 Repl.Vol. 8).

In August of 1978, Jerry Michael Gimmy was charged by information with...

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