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PEOPLE v. MONTAINE

No. 98CA1948.

7 P.3d 1065 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. James E. MONTAINE, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 20, 2000.

Certiorari Denied September 11, 2000.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Peter J. Cannici, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge RULAND.

Defendant, James E. Montaine, appeals from the trial court order denying his motions for post-conviction relief pursuant to Crim. P. 35(a) and Crim. P. 35(c). We affirm.

Pursuant to a plea agreement, defendant pled no contest to two counts of second degree sexual assault in 1994. In exchange for his pleas, the prosecution agreed to dismiss the remaining charges against defendant. There were no sentencing concessions.

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