PEOPLE v. MARTINEZ

No. 83CA0798.

703 P.2d 619 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Frank Richard MARTINEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 7, 1985.

Certiorari Denied August 19, 1985.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert M. Petrusak, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Barbara S. Blackman, Acting Chief Appellate Deputy, Denver, for defendant-appellant.


BABCOCK, Judge.

Defendant, Frank Richard Martinez, appeals from the sentence imposed upon the judgment of conviction entered following his plea of guilty to attempted escape under § 18-8-208.1, C.R.S. (1984 Cum.Supp.). We vacate the sentence, and remand for resentencing.

Defendant escaped from the Rifle Correctional Facility where he was serving a two-year sentence for theft and first degree criminal trespass. Pursuant to a plea agreement, he pled guilty...

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