PEOPLE v. HODGE

No. 79CA0534.

644 P.2d 38 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Benny Lee HODGE, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 9, 1981.

Certiorari Granted May 26, 1981.


Attorney(s) appearing for the Case

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

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


SILVERSTEIN, Judge.*

Defendant, Benny Hodge, was found guilty, by a jury, of aggravated robbery. The jury also found that defendant had been convicted of three previous felonies. He seeks reversal of the conviction, and also asserts that his being sentenced under the habitual criminal act was improper, and should be set aside. We affirm the conviction and the sentence.

I.

Defendant alleges, first, that the trial court...

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