PEOPLE v. LOBATO

No. 82CA1307.

703 P.2d 623 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John Patrick LOBATO, 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 Public Defender, Denver, for defendant-appellant.


PIERCE, Judge.

Defendant, John Patrick Lobato, appeals from the sentence imposed upon the judgment of conviction entered following his plea of guilty to criminal attempt to commit escape, under § 18-2-101, C.R.S. (1978 Repl. Vol. 8). We vacate the sentence and remand for resentencing.

Defendant walked away from the Williams Street Community Corrections Facility, where he was serving a two-year term for second degree burglary and theft. Upon defendant...

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