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PEOPLE v. SMITH

No. 27879.

579 P.2d 1129 (1978)

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

Supreme Court of Colorado, En Banc.

Rehearing Denied June 26, 1978.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Linda Palmieri Rigsby, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Denver, Robert M. Elliott, David L. Quicksall, Deputy State Public Defenders, Colorado Springs, Patrick J. Canty, Deputy State Public Defender, Grand Junction, for defendant-appellant.

KELLEY, Justice.

The appellant, Robert Vincent Smith, appeals the denial of his Crim.P. 35(a) motion to correct an allegedly illegal sentence. We affirm.

On April 8, 1977, the trial court received details of a plea bargain struck between the district attorney and appellant. In exchange for appellant's guilty plea to a charge of first-degree forgery, the people agreed to dismiss the second count of the information (criminal possession of a forged

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