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PEOPLE v. WIMER

No. 82CA0366.

681 P.2d 967 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donald WIMER, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 26, 1984.

Certiorari Denied April 9, 1984.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Laura E. Udis, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Michael J. Heher, Deputy State Public Defender, Denver, for defendant-appellant.

BABCOCK, Judge.

Defendant, Donald Eric Wimer, seeking reversal of a conviction for first degree assault, appeals the trial court's denial of his Crim.P. 35(c) motion in which he alleges a violation of his constitutional right to effective assistance of counsel. We affirm.

I.

We first address the People's claim that the filing of this motion constitutes an abuse of process and, therefore, its denial must be sustained. We disagree.

Defendant...

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