PEOPLE v. ABEYTA

No. 82CA0335.

677 P.2d 393 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Terry ABEYTA, Defendant-Appellant.

Colorado Court of Appeals, Division I.

Rehearing Denied October 6, 1983.

Certiorari Denied February 27, 1984.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sp. Asst. Atty. Gen., Maureen Phelan, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Linda Hotes, Deputy State Public Defender, Denver, for defendant-appellant.


METZGER, Judge.

Sentenced to a term of imprisonment beyond the presumptive range specified for second degree burglary, defendant Abeyta appeals seeking to have that sentence vacated and a sentence within the presumptive range imposed. We affirm.

The question to be decided is whether the trial court lost jurisdiction to impose sentence beyond the presumptive range when, after imposing such a sentence, it failed to transmit its written findings to this court...

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