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PEOPLE v. BLALOCK

No. 27802.

592 P.2d 406 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Hugh BLALOCK, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

March 26, 1979.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for plaintiff-appellant.

Daniel T. Smith, Denver, for defendant-appellee.

ERICKSON, Justice.

The district attorney has filed a direct appeal from a district court order which granted the defendant's motion for post-conviction relief, pursuant to Crim.P. 35(b), and ordered a new trial. We affirm.

Blalock was charged in a three-count information with attempted murder (section 18-2-101, C.R.S.1973), first-degree sexual assault (section 18-3-402, C.R.S.1973), and second-degree kidnapping (section 18-3-302, C.R.S.1973). The defendant...

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