PEOPLE v. BROWNING

No. 88CA0652.

809 P.2d 1086 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard M. BROWNING, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied February 7, 1991.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Deborah Isenberg Pratt, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Beverly Fulton, Sp. Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge MARQUEZ.

Defendant, Richard M. Browning, appeals a judgment of conviction entered on a jury verdict finding him guilty of theft by receiving and appeals the resulting sentence to a term of incarceration greater than the presumptive range. We affirm the conviction, reverse the sentence, and remand for new sentencing in accordance with this opinion.

On December 20, 1987, defendant allegedly participated with one or more juveniles in the theft...

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