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PEOPLE v. BENAVIDEZ

No. 08CA1282.

222 P.3d 391 (2009)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Terry Lee BENAVIDEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing October 15, 2009.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Melissa D. Allen, Assistant Attorney General, Denver, CO, for Plaintiff-Appellee.

Douglas K. Wilson, Colorado State Public Defender, Todd E. Mair, Deputy State Public Defender, Elizabeth Porter-Merrill, Deputy State Public Defender, Denver, CO, for Defendant-Appellant.

Opinion by Chief Judge DAVIDSON.

Defendant, Terry Lee Benavidez, appeals the consecutive sentence imposed following his conviction of second degree assault committed while lawfully confined or in custody. We affirm.

I. Background

Defendant was in custody awaiting disposition of pending charges in two separate cases when he assaulted an officer working in the detention facility. He was then also charged with...

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