No. 79SA511.

632 P.2d 570 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Melchor TIJERINA, 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., Mary E. Ricketson, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, State Public Defender, Ilene P. Buchalter, Deputy State Public Defender, Denver, for defendant-appellant.

HODGES, Chief Justice.

The defendant-appellant challenges his sentence to the state penitentiary as unduly harsh and excessive. We affirm the sentence.

The defendant was charged with first-degree assault after the following incident. On August 16, 1978, he approached a woman as she was emptying trash, and struck her on the back of the head with a blunt instrument, apparently a piece of wood. The woman turned and recognized the defendant. She screamed and the...

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