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PEOPLE v. WALTERS

No. 89CA0914.

802 P.2d 1155 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. James Melvin WALTERS, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied September 13, 1990.

Certiorari Denied January 7, 1991.

Attorney(s) appearing for the Case

Donald E. Mielke, Dist. Atty., Donna Skinner Reed, Chief Appellate Deputy, Golden, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Barbara S. Blackman, Deputy State Public Defender, Denver, for defendant-appellee.

Opinion by Judge RULAND.

Pursuant to § 16-12-102(1), C.R.S. (1986 Repl.Vol. 8A), the People appeal the sentence imposed on defendant by the trial court because it does not include the term required for an habitual criminal. We affirm.

In December 1985, defendant was charged with first degree sexual assault. At the arraignment in February 1986, the trial court ordered that all pre-trial motions be filed by March 10. During the arraignment, the prosecution...

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