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PEOPLE v. JENKINS

No. 76-776.

575 P.2d 13 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Kenneth George JENKINS, Defendant-Appellant.

Colorado Court of Appeals, Division II.

Rehearing Denied November 25, 1977.

Certiorari Denied February 21, 1978.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., James S. Russell, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, Denver, James F. Dumas, Jr., Chief Deputy State Public Defender, Denver, William S. Schurman, Deputy State Public Defender, Steamboat Springs, for defendant-appellant.

KELLY, Judge.

The defendant, Kenneth George Jenkins, appeals the order of the trial court denying his Crim.P. 35(a) and 35(b) motions. The court denied the 35(a) motion on the ground that it was untimely, and denied the relief sought in the 35(b) motion as precluded by People v. Herrera, 183 Colo. 155, 516 P.2d 626 (1973). At the heart of both rulings is the trial court's premise that the defendant was sentenced in August 1973...

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