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PEOPLE v. PELLIEN

No. 83CA1077.

701 P.2d 1244 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donald Earl PELLIEN, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

January 31, 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.

David Vela, Colo. State Public Defender, Seth Benezra, Deputy State Public Defender, Denver, for defendant-appellant.

PIERCE, Judge.

Defendant, Donald Earl Pellien (Pellien), appeals from a denial of his motion to vacate a sentence pursuant to Crim.P. 35(c), contending that the sentence as imposed was illegal. We reverse the order, vacate the sentence, and remand the cause for resentencing.

Pellien pled guilty to aggravated robbery which is a class three felony, allowing sentencing in the presumptive range of four to eight years. Section 18-4-302(3), C.R.S. (1978 Repl.Vol...

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