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PEOPLE v. McNALLY

No. 04CA1654.

143 P.3d 1062 (2005)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Scott C. McNALLY, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied February 16, 2006.

Certiorari Denied October 2, 2006.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Matthew D. Grove, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Esteban Martinez, Northglenn, Colorado, for Defendant-Appellant.

RUSSEL, J.

Defendant, Scott C. McNally, appeals the sentence imposed in connection with his theft conviction and adjudication as an habitual criminal. We affirm.

I. Background

McNally was charged with theft under § 18-4-401(2)(c), C.R.S.2005. The prosecution later added habitual criminal charges.

Evidence at trial indicated that McNally received a $1000 deposit to perform drywall and insulation work. Although the victim repeatedly asked...

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