PEOPLE v. TERRY

No. 96CA1471.

961 P.2d 500 (1997)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. John Edward TERRY, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

Rehearing Denied December 11, 1997.

Certiorari Granted July 27, 1998.


Attorney(s) appearing for the Case

Jeanne M. Smith, District Attorney, Brian Whitney, Deputy District Attorney, Gordon R. Denison, Deputy District Attorney, Colorado Springs, for Plaintiff-Appellant.

David F. Vela, Public Defender, Martin Gerra, Deputy State Public Defender, Denver, for Defendant-Appellee.


Opinion by Judge MARQUEZ.

The People appeal the sentence imposed by the trial court upon the defendant, John Edward Terry. The People argue that the sentence imposed by the court is unlawful because it is below the mandatory minimum sentence required for defendant's conviction of conspiracy to commit aggravated robbery. We agree and therefore vacate defendant's sentence.

Defendant was originally charged with aggravated robbery, conspiracy to commit aggravated...

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