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MISENHELTER v. PEOPLE

No. 09SC183.

234 P.3d 657 (2010)

Paul MISENHELTER, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

June 21, 2010.

Attorney(s) appearing for the Case

Martinez Law, LLC, Esteban A. Martinez, Boulder, Colorado, Attorney for Petitioner.

John W. Suthers, Attorney General, Melissa D. Allen, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Respondent.

Justice RICE delivered the Opinion of the Court.

The Petitioner Paul Misenhelter appeals his sentence of twenty-five years for negligent child abuse, § 18-6-401(1)(a), C.R.S. (2002). He argues that the trial judge erred by considering Misenhelter's "concurrent" conviction1 for aggravated incest, § 18-6-302(1)(a), C.R.S. (2002), during his sentencing for the child abuse charge. The court...

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