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PEOPLE v. GARBERDING

No. 89SA140.

787 P.2d 154 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Andrew GARBERDING, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

February 20, 1990.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., John M. Hutchins, First Asst. Atty. Gen., Denver, and G.F. Sandstrom, Dist. Atty., Pueblo, for plaintiff-appellee.

Darol C. Biddle, Pueblo, for defendant-appellant.

Justice VOLLACK delivered the Opinion of the Court.

The defendant Andrew Garberding appeals from the trial court's imposition of a sentence of 18 months in a work release program, pursuant to sections 16-11-202 and 16-11-212, 8A C.R.S. (1986). The defendant argues that section 16-11-212 violates the equal protection provisions of the United States and Colorado constitutions. We accepted this appeal on certification from the court of appeals, and affirm.

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