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PEOPLE v. NITZ

No. 02CA2228.

104 P.3d 240 (2004)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Timothy E. NITZ, Defendant-Appellant.

Colorado Court of Appeals, Division A.

Rehearing Denied August 5, 2004.

Certiorari Denied December 20, 2004.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Katharine J. Gillespie, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Nancy J. Lichtenstein, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge CASEBOLT.

Defendant, Timothy E. Nitz, appeals the sentence imposed following the judgment of conviction entered upon his guilty plea to unlawful use of marihuana in a detention facility. The sentence was aggravated under § 18-1.3-401(8)(a)(IV), C.R.S.2003, because defendant was under confinement as a convicted felon when he committed the drug offense. We affirm.

Pursuant to a plea agreement, defendant pleaded guilty to one count of unlawful...

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