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PEOPLE v. MONTOYA

No. 84CA0310.

709 P.2d 58 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William A. MONTOYA, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearings Denied July 25, 1985.

Certiorari Denied November 18, 1985.

Certiorari Granted November 18, 1985.

Attorney(s) appearing for the Case

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

Jeffrey A. Springer, P.C., Robert M. Brown, Jeffrey A. Springer, Denver, for defendant-appellant.

Certiorari Denied (Montoya) November 18, 1985.

Certiorari Granted (People) November 18, 1985.

METZGER, Judge.

Defendant, William A. Montoya, appeals his judgment of conviction entered upon a jury verdict finding him guilty of first-degree assault in violation of § 18-3-202(1)(a), C.R.S. (1978 Repl.Vol. 8), and from the application of mandatory sentence for violent crime. We affirm defendant's conviction but set aside his sentence and remand with...

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