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COLEMAN v. PEOPLE

No. 23518.

482 P.2d 378 (1971)

Thomas COLEMAN, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

March 22, 1971.

Attorney(s) appearing for the Case

Edward H. Sherman, Public Defender, Robert T. Burns, Asst. Public Defender, Isaac Mellman, Special Asst. to Public Defender, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Aurel M. Kelly, Special Asst. Atty. Gen., Denver, for defendant in error.

REX H. SCOTT, District Judge.*

Coleman, hereinafter referred to as defendant, filed a motion in the trial court under Rule 35(b) of the Colorado Rules of Criminal Procedure, in which he sought review of his sentence on the grounds that he received no notice of his resentencing and was not present in court at resentencing. The trial court denied the motion on its face. The sole issue to be decided is the trial court's summary denial of...

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