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PEOPLE v. GUTIERREZ

No. 79SA370.

622 P.2d 547 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jesus Franco GUTIERREZ, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 9, 1981.

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, State Public Defender, Stephen E. Kapnik, Sp. Deputy State Public Defender, Denver, for defendant-appellant.

LOHR, Justice.

A jury convicted the defendant, Jesus Gutierrez, of felony menacing, section 18-3-206, C.R.S. 1973 (1978 Repl. Vol. 8), and unlawful use of an incendiary device in the commission of a felony, section 18-12-109(4), C.R.S. 1973 (1978 Repl. Vol. 8). In the second portion of the bifurcated trial, that same jury found that the defendant had been convicted of three prior felonies as charged, and he was adjudged an habitual criminal, section 16-13-101(2),...

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