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PEOPLE v. SMITH

No. 26680.

536 P.2d 820 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David SMITH, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 7, 1975.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Donna A. Maranchik, Janet Lee Miller, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Peter H. Ney, P. C., Denver, for defendant-appellant.

LEE, Justice.

We are called upon in this appeal to determine the constitutional validity of Crim.P. 35(a), insofar as it permits a trial court, upon motion, to reduce a sentence within 120 days after sentence is imposed by the court. The district court denied appellant's motion to reduce sentence on the basis of our pronouncement in People v. Herrera, 183 Colo. 155, 516 P.2d 626. There, we held that after finality had attached to...

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