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PEOPLE v. GALLEGOS

No. 96CA1093.

975 P.2d 1135 (1998)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Mark F. GALLEGOS, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing April 2, 1998.

Certiorari Granted April 19, 1999.

Attorney(s) appearing for the Case

A. William Ritter, Jr., District Attorney, Nathan B. Coats, Chief Appellate Deputy District Attorney, Denver, for Plaintiff-Appellant.

David F. Vela, Colorado State Public Defender, Robin Desmond, Deputy State Public Defender, Denver, for Defendant-Appellee.

Opinion by Judge RULAND.

The prosecution appeals from the trial court's order determining that the Department of Corrections' application of the parole statutes to defendant, Mark Gallegos, violated the constitutional prohibition against ex post facto laws. We reverse and remand for further proceedings.

In March 1984, defendant was sentenced in two separate cases to the Department of Corrections (DOC) for felonies he committed in the fall of 1983. The trial...

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