PEOPLE v. MAGEE

No. 80SA67.

626 P.2d 1139 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Leonard R. MAGEE, Defendant-Appellant.

Supreme Court of Colorado.

April 20, 1981.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Susan P. Mele Sernovitz, Asst. Atty. Gen., Litigation Section, Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Shelley Gilman, Deputy State Public Defender, Denver, for defendant-appellant.


ERICKSON, Justice.

On appeal, the defendant, Leonard Magee, asserts: (1) that his sentence of five to ten years for robbery is excessive; (2) that the trial court's denial of credit for presentence confinement violates the constitutional guarantee of equal protection of the laws; and (3) 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...

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