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PEOPLE v. MOODY

No. 80SA168.

630 P.2d 74 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Cecil MOODY, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 29, 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, Steven H. Denman, Michael Heher, Deputy State Public Defenders, Denver, for defendant-appellant.

HODGES, Chief Justice.

Defendant Cecil Moody appeals his conviction for aggravated robbery1 and the sentence imposed by the trial court. We affirm.

Defendant's conviction stems from the armed robbery of Angelo's Pizza Parlor in Denver. The evidence at trial indicated that at approximately 10:00 p. m. on January 5, 1975 defendant entered the pizza parlor carrying a sawed-off shotgun. He robbed the restaurant and all of its patrons...

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