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PEOPLE v. McINTOSH

No. 84CA0047.

695 P.2d 795 (1984)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Paul Duane McINTOSH, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing January 24, 1985.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Clement P. Engle, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Robert J. Braswell, Denver, for defendant-appellant.

TURSI, Judge.

Defendant was convicted of a felony drug offense and was sentenced to imprisonment after the trial court found him ineligible for parole because of two prior felony convictions. See § 16-11-201(2), C.R.S. (1984 Cum.Supp.). Defendant appeals, claiming that a 1962 felony conviction entered upon a guilty plea was invalid because he had not been afforded legal counsel. We vacate the sentence and remand for resentencing.

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