People v. Foster

In 1975, the defendant was convicted by a jury of aggravated robbery and conspiracy to commit aggravated robbery. He was also found to be a habitual criminal and was sentenced to a term of imprisonment of 40-80 years.

In 1977, in an unpublished opinion, the Colorado Court of Appeals affirmed the aggravated robbery and conspiracy convictions, but vacated the habitual criminal sentence. On April 4, 1978, on remand from the appellate court, the trial court re-sentenced the defendant to concurrent sentences of 35-40 years for aggravated robbery, and an indeterminate to 10-year sentence for…