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PEOPLE v. GALLEGOS

No. 87SA171.

764 P.2d 76 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Mark GALLEGOS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

November 14, 1988.

Attorney(s) appearing for the Case

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

David F. Vela, State Public Defender, Jaydee K. Bachman, Deputy State Public Defender, Denver, for defendant-appellee.

ROVIRA, Justice.

The question presented by the People's appeal is whether section 18-1-105(9)(a)(V), 8B C.R.S. (1986), requires sentencing beyond the presumptive range when a defendant is convicted of possession of contraband while in a correctional institution. We conclude that the People's failure to object at the sentencing hearing to the imposition of a sentence within the presumptive range or to request the trial court, pursuant to Crim.P. 35(a), to correct ...

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