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PEOPLE v. TALLEY

No. 94CA1570.

934 P.2d 859 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Curtis TALLEY, a/k/a Curtis Jackson, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied October 3, 1996.

Certiorari Denied March 24, 1997.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. Erkenbrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Jacque Lyn Russell, Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Beth L. Krulewitch, Deputy State Public Defender, Denver, for Defendant-Appellant.

Opinion by Judge ROY.

Defendant, Curtis Talley, appeals from the order denying his motion for post-conviction relief pursuant to Crim. P. 35(c). We affirm.

In 1982, a jury convicted defendant of two counts of theft, both class 4 felonies with a sentencing presumptive range of two to four years. See Colo. Sess. Laws 1977, ch. 226, § 18-4-401(2)(c) at 973. The jury also convicted defendant of five habitual criminal counts, and the trial court sentenced...

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