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PEOPLE v. TORREZ

Court of Appeals No. 10CA1349.

316 P.3d 25 (2013)

2013 COA 37

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Eric J. TORREZ, Defendant-Appellant.

Colorado Court of Appeals, Div. VII.

As Modified on Denial of Rehearing May 23, 2013.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Brock J. Swanson , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson , Colorado State Public Defender, Alan Kratz , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by JUDGE BERNARD.

¶ 1 As a general rule, section 18-1-408(3), C.R.S.2012 (subsection 408(3)), requires concurrent sentences when a defendant is convicted of multiple crimes based on identical evidence. The issue in this case is whether a sentencing statute for sex offenses, section 18-1.3-1004(5)(a), C.R.S.2012 (subsection 1004(5)(a)), creates an exception to the general rule. If so, it would require consecutive sentences for those "convicted of one or...

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