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PEOPLE v. HOTOPP

No. 79SA415.

632 P.2d 600 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Harry Smith HOTOPP, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 8, 1981.

Attorney(s) appearing for the Case

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

J. Gregory Walta, Colorado State Public Defender, Ilene P. Buchalter, Charles F. Kaiser, Deputy State Public Defenders, Denver, for defendant-appellant.

DUBOFSKY, Justice.

The defendant, Harry Smith Hotopp, appeals as excessive the sentence of eight to nine years imposed as a result of his guilty plea to second-degree burglary, section 18-4-203, C.R.S. 1973 (1978 Repl. Vol. 8). The defendant also claims he is entitled to resentencing under the presumptive sentencing provisions of the 1977 version of House Bill 1589, Colo. Sess. Laws 1977, ch. 216, 18-1-105 at 867. He asserts...

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