PEOPLE v. KASTNING

No. 86CA0736.

738 P.2d 807 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Harold Lee KASTNING, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 30, 1987.


Attorney(s) appearing for the Case

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

John P. Van Ness, Aspen, for defendant-appellant.


BABCOCK, Judge.

Defendant, Harold Lee Kastning, appeals the trial court's order denying his motion for postconviction relief. We reverse.

Defendant was sentenced to three consecutive two-year terms for burglary, and to concurrent one-year and 90-day terms for theft. However, he was not taken directly to the Department of Corrections; instead, his sentence was "stayed" while he was sent to the Colorado State Hospital for treatment. After treatment, defendant...

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