PEOPLE v. GALLEGOS

No. 88CA1602.

789 P.2d 461 (1989)

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

Colorado Court of Appeals, Div. III.

Rehearing Denied November 2, 1989.

Certiorari Denied March 5, 1990.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Robert M. Russel, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Robert W. Thompson, Jr., Denver, for defendant-appellant.


Opinion by Judge MARQUEZ.

Defendant, Samuel Gallegos, appeals from the sentence imposed following his guilty plea to attempted theft, a class 5 felony. We remand for further proceedings.

Defendant was charged with theft, a class 4 felony, based on acts occurring on February 20, 1988. He pleaded guilty to attempted theft, a class 5 felony, on August 17, 1988, and was sentenced on October 3, 1988. The presumptive range of penalties in effect when defendant committed...

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