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CHISM v. PEOPLE

No. 03SA226.

80 P.3d 293 (2003)

In re Percy L. CHISM, Plaintiff, v. The PEOPLE of the State of Colorado, Defendant.

Supreme Court of Colorado, En Banc.

December 8, 2003.

Attorney(s) appearing for the Case

David S. Kaplan, Colorado State Public Defender, Rex G. Hegyi, Deputy State Public Defender, Golden, Colorado, Attorneys for Petitioner.

David J. Thomas, District Attorney, Donna Skinner Reed, Chief Appellate Deputy District Attorney, Golden, Colorado, Attorneys for Respondent.

Justice COATS delivered the Opinion of the Court.

Percy Chism petitioned this court pursuant to C.A.R. 21 for relief from the trial court's determination that he was not eligible for probation. Although the prosecution initially recommended waiver of the statutory prohibition against granting probation to defendants with two prior felony convictions, the trial court found that the prohibition could not be waived for defendants like Chism, with a prior violent felony...

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