PEOPLE v. MARTINEZ

No. 80CA0303.

640 P.2d 255 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Peter MARTINEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied November 19, 1981.

Certiorari Denied January 25, 1982.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Gerard C. Boyle, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Linda J. Hotes, Deputy State Public Defender, Denver, for defendant-appellant.


ENOCH, Chief Judge.

Defendant, Peter Martinez, appeals the denial of his Crim.P. 35(b) (now 35(c)) motion to vacate judgment of guilty of misdemeanor theft and criminal trespass. We affirm.

According to the record, defendant entered the rear of a semi-trailer without permission and removed a carton of silk flowers. Defendant was found guilty by a jury of both first degree criminal trespass and misdemeanor theft. These convictions were appealed and affirmed...

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