No. 79SA379.

632 P.2d 566 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. James M. WALTERS, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 24, 1981.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Kathleen M. Bowers, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Margaret L. O'Leary, Deputy State Public Defender, Denver, for defendant-appellant.

HODGES, Chief Justice.

The defendant-appellant, James M. Walters, appeals his sentence to the Colorado state penitentiary for a term of four to four and one-half years. We affirm.

The defendant was charged with theft by deception of more than $200, a class four felony. Section 18-4-401, C.R.S. 1973 (now in 1978 Repl. Vol. 8). As part of a plea agreement he pled guilty to attempted theft by deception, a class five felony. Section 18-2-101, C.R.S. 1973 (now...

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