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PEOPLE v. PENA

No. 88CA1229.

794 P.2d 1070 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Joseph PENA, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 1, 1990.

Certiorari Denied July 30, 1990.

Attorney(s) appearing for the Case

Norman S. Early, Jr., Dist. Atty., Nathan B. Coats, Chief Appellate Deputy Dist. Atty., Denver, for plaintiff-appellant.

David F. Vela, State Public Defender, Thomas M. Van Cleave III, Deputy State Public Defender, Denver, for defendant-appellee.

Opinion by Judge TURSI.

The People appeal the trial court's failure to sentence defendant, Joseph Pena, to three consecutive life sentences rather than the three concurrent ones. We agree that consecutive life sentences are required and, therefore, vacate that facet of the sentences as imposed and remand for resentencing.

Defendant was charged with three counts of aggravated robbery in violation of § 18-4-302, C.R.S. (1986 Repl.Vol. 8B), conspiracy to...

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