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PEOPLE v. MACIAS

Nos. 79SA491, 79SA541.

631 P.2d 584 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Horatio Angelo MACIAS, Defendant-Appellee. The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Florentino SALMERON, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

July 20, 1981.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., Second Judicial District, Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Donald Eberle, Guy Till, Deputy Dist. Attys., Denver, for plaintiff-appellant.

Wade H. Eldridge, Denver, for defendant-appellee Macias.

Montano & Encinas, P. C., Duane Montano, Denver, for defendant-appellee Salmeron.

DUBOFSKY, Justice.

The People appeal under section 16-12-102, C.R.S.1973 (1978 Repl.Vol. 8), separate trial court rulings reducing the sentences of Florentino Salmeron and Horatio Angelo Macias.1 We disapprove the trial courts' rulings.

On March 13, 1979, Salmeron pled guilty to sale of a narcotic drug under section 12-22-322(1)(b), C.R.S.1973 (1978 Repl.Vol. 5). On April 26, 1979, the trial court sentenced him to the penitentiary...

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