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PEOPLE v. HERNANDEZ

No. 87CA0197.

768 P.2d 755 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Daniel HERNANDEZ, a/k/a Daniel Jiminez, a/k/a Danny Hernandez, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 1, 1988.

Certiorari Denied February 21, 1989.

Attorney(s) appearing for the Case

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

David F. Vela, State Public Defender, Robin Desmond, Deputy State Public Defender, Denver, for defendant-appellant.

STERNBERG, Judge.

The defendant, Daniel Hernandez, appeals the 36-year sentence imposed following his plea of guilty to second degree murder. We affirm the sentence, but vacate that portion providing for a period of parole, and remand for further proceedings.

Defendant was charged with first degree murder and pleaded not guilty and not guilty by reason of insanity. Pursuant to § 16-8-101, et seq., C.R.S. (1986 Repl.Vol. 8A), the trial court ordered defendant...

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