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PEOPLE v. PHILLIPS

No. 81SA73.

652 P.2d 575 (1982)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Earl G. PHILLIPS, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

October 12, 1982.

Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., J. Stephen Phillips, First Asst. Atty. Gen., Nathan B. Coats, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Lee Allen Hawke, Boulder, for defendant-appellant.

ROVIRA, Justice.

The appellant, Earl G. Phillips, was sentenced to twelve years' imprisonment after entering a plea of guilty to first-degree sexual assault, a class 3 felony.1 The sentence was beyond the presumptive range for a class 3 felony, and, pursuant to section 18-1-409.5, C.R.S.1973 (1979 Supp.),2 a nonadversarial review of the sentence was conducted by the Colorado Court of Appeals. After considering...

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