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PEOPLE v. NANCE

No. 09CA0220.

221 P.3d 428 (2009)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Keitheka Makau NANCE, a/k/a Kietheka Makau Nance, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

November 12, 2009.

Attorney(s) appearing for the Case

Carol Chambers, District Attorney, David C. Jones, Chief Deputy District Attorney, Centennial, Colorado, for Plaintiff-Appellant.

Douglas K. Wilson, Colorado State Public Defender, Pamela A. Dayton, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge TAUBMAN.

The People appeal the trial court's sentence, following revocation of probation, reinstating probation for defendant, Keitheka Makau Nance, also known as Kietheka Makau Nance. Because we reject their contention that Nance's revocation of probation negated the People's recommendation for a waiver of the two-felony rule, we conclude the trial court retained discretion to sentence Nance to probation pursuant to section 18-1.3-201(4)(a)(I), C...

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