(DOWNLOAD) "People v. Abila" by Colorado Court of Appeals No. 80CA0053 ~ Book PDF Kindle ePub Free
eBook details
- Title: People v. Abila
- Author : Colorado Court of Appeals No. 80CA0053
- Release Date : January 08, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
This is a non-adversary review under C.A.R. 4(d)(3) and (4) pursuant to Colo. Sess. Laws 1979, Ch. 157, 18-1-409.5 at 670. The sentence in question exceeds the presumptive range of 4 to 8 years plus one year of parole established by Colo. Sess. Laws 1979, Ch. 157, 18-1-105(1)(a) at 669. Defendant was charged with three substantive offenses, a fourth count alleging mandatory sentencing for a crime of violence, and five additional counts supporting a prosecutorial request for habitual criminal sentencing. Defendant entered guilty pleas to one count of first degree burglary and to the mandatory sentencing count; all other counts were dismissed as a result of plea negotiations. There were no sentence negotiations. The evidence presented at the sentencing hearing consisted of a presentence report prepared by the probation department, testimony of the owner of the burglarized residence, and statements of the defendant. The trial court made extensive and detailed oral findings of fact based upon the evidence and concluded that extraordinary aggravated circumstances warranted a sentence exceeding the presumptive range.