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PEOPLE v. CISNEROS

Nos. 81CA0367, 81CA0752.

665 P.2d 145 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Johnny Estevan CISNEROS, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 24, 1983.

Certiorari Denied June 20, 1983.

Certiorari Granted June 20, 1983.

Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Richard Hennessey, Deputy Atty. Gen., Mary Mullarkey, Sp. Asst. Atty. Gen., Nathan B. Coats, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Michael Heher, Deputy State Public Defender, Denver, for defendant-appellant.

Certiorari Denied (Cisneros) June 20, 1983.

Certiorari Granted (People) June 20, 1983.

KIRSHBAUM, Judge.

Defendant, Johnny Estevan Cisneros, appeals his jury conviction of second degree burglary and of habitual criminal pursuant to the habitual criminal act, § 16-13-101 et seq., C.R.S.1973 (1978 Repl.Vol. 8) (1982 Cum.Supp.). We affirm in part and reverse in part.

The record discloses the following facts. During the night of April 20...

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