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PEOPLE v. BRAKE

No. 28005.

588 P.2d 869 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Thomas Edward BRAKE, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

January 8, 1979.

Attorney(s) appearing for the Case

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

J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Steven H. Denman, Deputy State Public Defender, Denver, for defendant-appellant.

LEE, Justice.

Defendant, Thomas Edward Brake, appeals from an order of the district court denying his motion for relief filed pursuant to Crim.P. 35(b). We affirm.

Defendant was convicted of first-degree assault. 1971 Perm.Supp., C.R.S. 1963, 40-3-202(1)(a).1 The conviction was affirmed on appeal. The defendant then filed a motion to vacate the judgment of conviction and sentence under Crim.P. 35(b). As ground for the motion, he...

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