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PEOPLE v. MARTINEZ

No. 92SC564.

869 P.2d 519 (1994)

The PEOPLE of the State of Colorado, Petitioner, v. John Jacob MARTINEZ, Respondent.

Supreme Court of Colorado, En Banc.

February 28, 1994.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., A. William Bonner, Asst. Atty. Gen., Denver, for petitioner.

David Hartley, Colorado Springs, for respondent.

Justice ERICKSON delivered the Opinion of the Court.

We granted certiorari to review People v. Martinez, No. 88CA0455 (Colo.App. June 18, 1992). John Jacob Martinez (Martinez) was tried and convicted of first-degree murder and of being an habitual criminal. The trial judge imposed a life sentence for first-degree murder and a life sentence on the habitual criminal conviction. The court of appeals vacated the life sentence imposed on Martinez as an habitual...

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