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PEOPLE v. BLIZZARD

No. 92SA385.

852 P.2d 418 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Aaron BLIZZARD, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 7, 1993.

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, First Asst. Atty. Gen., Katherine M. Clark, John J. Krause, Asst. Attys. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Joan E. Mounteer, Deputy State Public Defender, Denver, for defendant-appellant.

Chief Justice ROVIRA delivered the Opinion of the Court.

We accepted jurisdiction in this case to examine both the constitutionality of section 18-3-203, 8B C.R.S. (1986), and whether the trial court abused its discretion in sentencing the defendant. We affirm in part and reverse in part.

I

The defendant, Aaron Blizzard, was found guilty of one count of first degree burglary, see § 18-4-202, 8B C.R.S. (1986), a class 3 felony, and one...

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