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PEOPLE v. LOESER

No. 97CA0939.

981 P.2d 197 (1998)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Dennis W. LOESER, Jr., Defendant-Appellant.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing January 14, 1999.

Certiorari Denied July 26, 1999.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Brook Millard, Special Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee

David F. Vela, Colorado State Public Defender, Joan E. Mounteer, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant

Opinion by Judge DAVIDSON.

Defendant, Dennis W. Loeser, Jr., appeals from the sentence imposed upon him as a result of his conviction for vehicular homicide while driving under the influence. We affirm.

I.

Defendant contends that §18-3-106(1), C.R.S.1998, violates his right to equal protection and due process because §18-3-106(1)(c), C.R.S.1998, provides for disparate sentences for persons convicted under §18-3-106(1)(a) & (b)...

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