PEOPLE v. MONTOYA

No. 78-1086.

640 P.2d 234 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Frank Louis MONTOYA, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 20, 1981.

Certiorari Denied February 1, 1982.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Donna A. Salmon, Sp. Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Terri L. Brake, Chief Appellate Deputy Public Defender, Denver, for defendant-appellant.


KELLY, Judge.

Frank Louis Montoya appeals his convictions for aggravated robbery, conspiracy to commit aggravated robbery, and burglary, and the subsequent enhanced punishment pursuant to the habitual criminal sentencing act. He asserts that the trial court erred in denying his motion to suppress evidence and in instructing the jury as to exclusive unexplained possession of recently stolen goods. Concerning the enhanced sentencing portion of the trial, he contends...

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