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CLOSE v. PEOPLE

No. 00SC690.

48 P.3d 528 (2002)

James CLOSE, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing July 1, 2002.

Attorney(s) appearing for the Case

David S. Kaplan, Colorado State Public Defender, Kathleen A. Lord, Chief Appellate Deputy Public Defender, Denver, Colorado, Attorneys for Petitioner.

Ken Salazar, Attorney General, Laurie A. Booras, First Assistant Attorney General, Criminal Justice Section, Denver, Colorado, Attorneys for Respondent.

Justice MARTINEZ delivered the opinion of the Court.

This case presents the issue of whether a criminal defendant who is sentenced pursuant to the crime of violence statute, section 16-11-309(1)(a), 6 C.R.S. (2001), is entitled, upon request, to a proportionality review of his sentence, and, if so, what is the proper scope of such proportionality review. The trial court declined to conduct a proportionality review of defendant Close's sixty-year sentence. The court...

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