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eBook details

• Title: Callis V. People
• Author : Colorado Supreme Court
• Release Date : January 10, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

We granted certiorari to review the decision of the court of appeals in People v. Callis,666 P.2d 1100(Colo. App. 1982), which affirmed the conviction and sentencing of Timothy Raymond Callis (defendant) for first degree felony murder, first degree burglary, robbery, and first degree sexual assault. The court of appeals held, in pertinent part, that the trial court did not err in admitting that part of the defendant's confession which contained a reference to his having been on federal probation when he committed the crimes in question, and that the trial court properly entered separate convictions and sentences for the crimes of murder and each of the three underlying felonies. We conclude that the trial court should have excised the reference in the defendant's confession to his federal probationary status, but that the failure to do so in this case was harmless error. We also determine that, because the defendant's conviction for first degree sexual assault was a lesser included offense of felony murder, a separate judgment of conviction and sentence should not have been entered on the lesser included offense. We therefore affirm the judgments of conviction and the sentences for felony murder, first degree burglary, and robbery, and reverse the judgment of conviction and sentence for first degree sexual assault.

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