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PEOPLE v. GASKINS

No. 94CA0743.

923 P.2d 292 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. John H. GASKINS, a/k/a John Harvey Garcia, Defendant-Appellee.

Colorado Court of Appeals, Div. A.

Rehearing Denied March 7, 1996.

Certiorari Denied September 23, 1996.

Attorney(s) appearing for the Case

A. William Ritter, Jr., Denver District Attorney, Henry R. Reeve, Deputy District Attorney, Denver, for Plaintiff-Appellant.

David F. Vela, Colorado State Public Defender, Frances S. Brown, Chief Appellate Deputy State Public Defender, Denver, for Defendant-Appellee.

Opinion by Chief Judge STERNBERG.

The People appeal the results of a proportionality review of a life sentence given defendant, John Harvey Gaskins, after his adjudication as an habitual criminal. The trial court found the sentence to be disproportionate to defendant's crimes in violation of the cruel and unusual punishment clauses of the United States and Colorado Constitutions and resentenced him to eight years in prison...

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