PEOPLE v. STEWART

No. 80SA122.

626 P.2d 685 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gordon Allen STEWART, Defendant-Appellant.

Supreme Court of Colorado.

April 13, 1981.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Robert C. Lehnert, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Harvey M. Palefsky, Deputy State Public Defender, Denver, for defendant-appellant.


HODGES, Chief Justice.

Defendant Stewart appeals the sentence imposed upon him by the trial court. We affirm the judgment in part and reverse it in part.

In accordance with a plea agreement, defendant entered a plea of guilty to the charge of possession of a narcotic drug, section 12-22-302, C.R.S.1973 (1978 Repl. Vol. 5), and was sentenced to a term of thirteen to fifteen years imprisonment in the state penitentiary. In imposing sentence, the trial judge...

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