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PEOPLE v. SIMMONS

No. 85SA102.

723 P.2d 1350 (1986)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ralph SIMMONS, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

September 2, 1986.

Attorney(s) appearing for the Case

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

David F. Vela, Colorado State Public Defender, Philip Cherner, Deputy State Public Defender, Denver, for defendant-appellant.

VOLLACK, Justice.

Defendant Ralph Simmons appeals from the denial of his motion for correction of illegal sentence.1 He contends his sentence under section 18-1-105(9)(a)(IV), 8 C.R.S. (1985 Supp.),2 which requires a sentence in the aggravated range if the offender was on bond for a previous felony at the time of the offense and was subsequently convicted of that previous felony, denied him equal protection...

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