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PEOPLE v. POURAT

No. 02CA1621.

100 P.3d 503 (2004)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Hormoz POURAT, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied May 6, 2004.

Certiorari Denied November 8, 2004.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, John J. Fuerst, III, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Isaacson Rosenbaum Woods & Levy PC, Gary Lozow, Blain D. Myhre, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge CRISWELL.**

Defendant, Hormoz Pourat, appeals the sentence to incarceration and fine imposed following the judgment of conviction entered upon his guilty plea to a violation of the Colorado Organized Crime Control Act (COCCA), § 18-17-101, et seq., C.R.S.2003. We reverse the sentence and remand for resentencing.

Pursuant to a plea agreement, defendant pleaded guilty to a violation of § 18-17-104(2), C...

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