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PEOPLE v. MONTGOMERY

No. 82SC128.

669 P.2d 1387 (1983)

The PEOPLE of the State of Colorado, Petitioner, v. Ronald Steven MONTGOMERY, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 17, 1983.

Attorney(s) appearing for the Case

L. Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard Forman, Sol. Gen., John Daniel Dailey, Asst. Atty. Gen., Denver, for petitioner.

David F. Vela, State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for respondent.

Norman S. Early, Jr., Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for amicus curiae, Colo. Dist. Atty's. Council.

ROVIRA, Justice.

We granted certiorari to determine whether the imposition of consecutive life sentences creates an unconstitutional interference by the judiciary with the functions of the parole board. We hold that such sentences are not unconstitutional and reverse the decision of the court of appeals in People v. Montgomery, 645 P.2d 283 (Colo. App.1981).

I.

In September 1976, Ronald Montgomery, respondent...

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