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PEOPLE v. TRUJILLO

No. 79SA372.

627 P.2d 737 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Benny J. TRUJILLO, Defendant-Appellant.

Supreme Court of Colorado.

Rehearing Denied May 18, 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, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.

HODGES, Chief Justice.

Defendant Trujillo appeals a judgment sentencing him to a term of seven to ten years imprisonment in the state reformatory. He argues that the sentence is excessive and also that he is entitled to be resentenced under the presumptive sentencing provisions of either the 1977 version of House Bill 1589, Colo.Sess.Laws 1977, ch. 216, 18-1-105 at 867, or the 1979 version of House Bill 1589 (codified in section 18-1-105, C.R.S. 1973 (1980 Supp. to...

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