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PEOPLE v. GURULE

No. 85CA0762.

748 P.2d 1329 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ben O. GURULE, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 24, 1987.

Certiorari Denied January 11, 1988.

Attorney(s) appearing for the Case

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

Thorburn, Sakol & Throne, Jane A. Harden, Boulder, for defendant-appellant.

CRISWELL, Judge.

Defendant, Ben Gurule, appeals from the order denying his Crim.P. 35(c) motion, by which he attacked the constitutionality of two prior burglary convictions based upon guilty pleas. At the time of the commission of the burglary for which he is presently incarcerated, defendant was on parole for those convictions and thus his sentence was enhanced. See § 18-1-105(9)(a)(II), C.R.S. (1986 Repl.Vol. 8B). He complains that his agreement not...

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