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PEOPLE v. BERNARD

No. 80SA456.

656 P.2d 695 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Rudy Anthony BERNARD, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

January 10, 1983.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for plaintiff-appellant.

Larry Steven Pozner, Denver, for defendant-appellee.

HODGES, Chief Justice.

The trial court granted defendant Bernard's motion pursuant to Crim.P. 35(c) to reduce his 25-35 year sentence as an habitual criminal on the ground that a 1973 burglary conviction was invalid. On appeal, the People assert that the trial court erred. We agree and therefore reverse.

Defendant Bernard was charged with burglary on four separate occasions prior to 1977 and pled guilty to each of those charges. The defendant was again charged...

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