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ALVAREZ v. PEOPLE

No. 89SC169.

797 P.2d 37 (1990)

Sammy Michael ALVAREZ, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 24, 1990.

Attorney(s) appearing for the Case

Lawrence J. Schulman, Denver, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Clement P. Engle, Asst. Atty. Gen., Denver, for respondent.

Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari in this case to review the constitutionality of defendant Sammy Michael Alvarez's sentence to life imprisonment under the Habitual Criminal Act, §§ 16-13-101 to 16-13-103, 8A C.R.S. (1986 & 1989 Supp.). The court of appeals affirmed the defendant's conviction and held that he was not entitled to a proportionality review of his life sentence because he is eligible for parole. The...

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