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PEOPLE v. WILCZYNSKI

No. 92CA0915.

873 P.2d 10 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Mark Anthony WILCZYNSKI, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing November 4, 1993.

Certiorari Granted May 2, 1994.

Attorney(s) appearing for the Case

Robert R. Gallagher, Jr., Dist. Atty., James C. Sell, Chief Deputy Dist. Atty., and Brian K. McHugh, Deputy Dist. Atty., Englewood, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender and Janet Fullmer Youtz, Deputy State Public Defender, Denver, for defendant-appellee.

Opinion by Judge MARQUEZ.

The People appeal the trial court order vacating the defendant's life sentence under the habitual criminal act and imposing a twelve-year sentence. We vacate the sentence and remand for resentencing.

Defendant, Mark Anthony Wilczynski, was found guilty of second degree burglary and three habitual criminal counts. The trial court imposed a life sentence. The defendant appealed his conviction.

During his appeal, the defendant...

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