PEOPLE v. MONTEZ

No. 07CA0139.

280 P.3d 9 (2010)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Mark Anthony MONTEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

March 18, 2010.


Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Ryan A. Crane , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson , Colorado State Public Defender, Elizabeth Griffin , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge HAWTHORNE.

Defendant, Mark Anthony Montez, appeals the judgment of conviction entered on jury verdicts finding him guilty of two first degree burglary counts, two possession of a weapon by a previous offender counts, one theft count, and six habitual criminal counts based on prior felony convictions. We affirm the convictions and remand the case for the court to correct the mittimus because we conclude that the burglary convictions merge.

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