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PEOPLE v. MARTINEZ

No. 79SA305.

628 P.2d 608 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Juan Batista MARTINEZ, aka Johnny Q. Martinez, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

May 11, 1981.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., David K. Rees, Chief, Appeals Litigation Section, Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Norman R. Mueller, Deputy State Public Defender, Denver, for defendant-appellant.

LOHR, Justice.

The defendant, Juan Batista Martinez, seeks appellate review of the propriety of the sentences imposed upon him by the Huerfano County district court based upon his jury trial convictions for second-degree burglary, section 18-4-203(1), C.R.S.1973 (1978 Repl.Vol. 8), and misdemeanor theft of property having a value less than fifty dollars, section 18-4-401(2)(a), C.R.S.1973 (1978 Repl.Vol. 8). He challenges as excessive the concurrent sentences of twenty...

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