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PEOPLE v. ARAGON

No. 79CA0395.

622 P.2d 579 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John L. ARAGON, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 4, 1980.

Certiorari Granted December 22, 1980.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Frederick Y. Yu, Designated Counsel, Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, O. Edward Schlatter, Deputy State Public Defender, Denver, for defendant-appellant.

RULAND, Judge.

Defendant, John L. Aragon, appeals from the judgment of the trial court denying his Crim.P. 35(b) motion to vacate a conviction for manslaughter. We reverse.

The factual allegations in the defendant's motion are not disputed by the People. The following summary of that motion is pertinent here. Defendant was arrested on August 19, 1974, and charged with first degree murder. The record reflects that the victim was abducted from a bar, and her...

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