PEOPLE v. GASKINS

No. 90SC437.

825 P.2d 30 (1992)

The PEOPLE of the State of Colorado, Petitioner, v. John Harvey GASKINS, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 3, 1992.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Robert Mark Russel, Asst. Atty. Gen., Denver, for petitioner.

David F. Vela, Colo. State Public Defender, Frances Smylie Brown, Chief Appellate Deputy, Denver, for respondent.


Justice LOHR delivered the Opinion of the Court.

We granted the People's petition for certiorari to determine whether the Colorado Court of Appeals correctly concluded that the defendant, John Harvey Gaskins, was entitled to a proportionality review of a life sentence imposed pursuant to the habitual criminal statute, section 16-13-101, 8A C.R.S. (1986), and, if so, whether the court abused its discretion in remanding the case to the trial court to conduct the review...

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