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PEOPLE v. T.O.

No. 84SA43.

696 P.2d 811 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. T.O., Minor Child, Appellant, and Concerning J.D.R., Respondent.

Supreme Court of Colorado, En Banc.

March 11, 1985.

Attorney(s) appearing for the Case

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

David F. Vela, Colorado State Public Defender, Diana M. Richett, Deputy State Public Defender, Denver, for minor-child appellant.

ROVIRA, Justice.

In this case of first impression, T.O., a minor child, contends that the juvenile court imposed an illegal sentence under the mandatory sentencing provisions of the Children's Code. We agree, and therefore vacate the judgment and remand for resentencing in accordance with this opinion.

I.

On August 25, 1982, the juvenile court, after finding T.O. a delinquent child for the third time, sentenced him to one year in the Denver County...

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