RILEY v. PEOPLE

No. 90SC721.

828 P.2d 254 (1992)

Melvin J. RILEY, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

April 13, 1992.


Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, Janet Fullmer Youtz, Deputy State Public Defender, Denver, for petitioner.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., Denver, for respondent.


Justice KIRSHBAUM delivered the Opinion of the Court.

In People v. Riley, No. 88CA1626 (Colo. App.1990) (not selected for publication), the Colorado Court of Appeals affirmed the trial court's ruling that section 18-1-105(9)(a), 8B C.R.S. (1988 Supp.), was not applicable to sentencing proceedings occasioned by a plea of guilty by defendant, Melvin J. Riley, to the offense of fraud by check, a class four felony. We granted certiorari to review the propriety...

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