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PEOPLE v. LOWERY

No. 80SA301.

642 P.2d 515 (1982)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard E. LOWERY, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

March 22, 1982.

Attorney(s) appearing for the Case

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

J. Gregory Walta, State Public Defender, Harvey M. Palefsky, Deputy State Public Defender, Denver, for defendant-appellant.

LEE, Justice.

Defendant, Richard E. Lowery, appeals from the denial of a motion pursuant to Crim.P. 35(b),1 to vacate a sentence entered against him for aggravated robbery, section 18-4-302, C.R.S.1973. We affirm.

The defendant was charged in the Denver district court with two counts of aggravated robbery and one count of second degree assault for acts which occurred on June 29, 1975. In another case pending in the Denver district...

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