PEOPLE v. MARTINEZ

No. 86CA1539.

751 P.2d 660 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Anthony G. MARTINEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied December 24, 1987.

Certiorari Denied March 14, 1988.


Attorney(s) appearing for the Case

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

Larry Pozner & Associates, P.C., Larry S. Pozner, Shelley Gilman, Denver, for defendant-appellant.


SMITH, Judge.

Defendant, Anthony G. Martinez, appeals from the denial of his motion to correct an illegal sentence. He complains that the "little" habitual criminal sentence imposed upon him is not sustainable because it is based upon two offenses committed more than ten years prior to his pleas of guilty to the substantive charge. We set aside the judgments of conviction and sentences imposed thereon.

Defendant was charged with aggravated robbery, violent...

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