PEOPLE v. DISTRICT COURT, SECOND JUD. DIST.

No. 84SA438.

713 P.2d 918 (1986)

The PEOPLE of the State of Colorado, Petitioner, v. DISTRICT COURT, SECOND JUDICIAL DISTRICT, Colorado, and Honorable J. Stephen Phillips, one of the judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

January 31, 1986.


Attorney(s) appearing for the Case

Norman S. Early, Jr., Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for petitioner.

J. Stephen Phillips, Denver, pro se.


NEIGHBORS, Justice.

The People filed this original proceeding under C.A.R. 21 for relief in the nature of mandamus. They assert that the respondent judge's imposition of a sentence within the presumptive range contravenes section 18-1-105(9)(a)(IV), 8 C.R.S. (1985 Supp.), which requires that the defendant be sentenced within the aggravated range. We issued a rule to show cause and now make the rule absolute.

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