PEOPLE v. ANDREWS

No. 90CA1836.

855 P.2d 3 (1992)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gerald M. ANDREWS, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied December 24, 1992.

Certiorari Granted June 14, 1993.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Timothy R. Twining, Asst. Atty. Gen., Amy W. Naes, Sp. Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Samuel Santistevan, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge TURSI.

Defendant, Gerald M. Andrews, appeals the 2½ year consecutive sentence imposed following his guilty plea to attempt to escape. We vacate the sentence and remand for further proceedings.

Defendant was charged with escape in case No. 90CR1876 when, while serving sentences for cultivating marihuana and for second degree burglary, he failed to return to a community corrections facility on July 2, 1990. Approximately two weeks later...

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