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PEOPLE v. LEONARD

No. 86SA362.

755 P.2d 447 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Paul LEONARD, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 6, 1988.

Attorney(s) appearing for the Case

Roger B. Larsen, Dist. Atty., Edward J. Rodgers, Deputy Dist. Atty., Canon City, Steven B. Rich, Deputy Dist. Atty., Fairplay, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Janet Fullmer Youtz, Deputy State Public Defender, Denver, for defendant-appellee.

VOLLACK, Justice.

The People appeal from the eighteen month sentence imposed on the defendant-appellee, Paul Leonard, by the Fremont County District Court.1 We conclude that the district court judge abused his discretion in sentencing the defendant to a term of imprisonment within the presumptive range set forth in the sentencing statute. For that reason, we vacate the sentence and remand with instructions to the district court to resentence...

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