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PEOPLE v. LOPEZ

No. 97CA0227.

961 P.2d 602 (1998)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Randy Dominic LOPEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

June 25, 1998.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Roger G. Billotte, Assistant Attorney General, Denver, for Plaintiff-Appellee,

David F. Vela, Colorado State Public Defender, Ann M. Roan, Deputy State Public Defender, Denver, for Defendant-Appellant.

Opinion by Judge NEY.

Defendant, Randy Dominic Lopez, appeals the trial court's denial of his motion for credit for time served. We reverse and remand for further proceedings.

Following a guilty plea to second degree burglary, defendant was sentenced to ten years in the Department of Corrections (DOC) and was awarded 152 days of presentence confinement credit.

Upon reconsideration, defendant's DOC sentence was modified to ten years in a community corrections...

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