PEOPLE v. BROGA

Nos. 86SA84, 87SA11.

750 P.2d 59 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Herbert C. BROGA, Defendant-Appellee. The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Herbert C. BROGA, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 22, 1988.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Terrance A. Gillespie, David R. Little, Asst. Attys. Gen., Denver, for the people.

David F. Vela, Colorado State Public Defender, Barbara S. Blackman, Chief Deputy State Public Defender, Denver, for Herbert C. Broga.


MULLARKEY, Justice.

The defendant pled guilty in 1976 to sexual assault, burglary, and felony menacing. In 1982, the defendant escaped from the correctional facility where he was incarcerated for these charges. He was apprehended in 1983 and pled guilty to escape, a class 3 felony. The district court sentenced the defendant to twelve years incarceration, a term in the aggravated range for a class 3 felony, to be served consecutive to the 1976 sentence.

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