PEOPLE v. ANZURES

No. 81CA0688.

670 P.2d 1258 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Fred Edward ANZURES, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 17, 1983.

Certiorari Denied September 12, 1983.


Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Virginia Byrnes, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Richard M. Borchers, P.C., Richard M. Borchers, Randall J. Davis, Westminister, for defendant-appellant.


TURSI, Judge.

Defendant, Fred Edward Anzures, appeals the denial of his Crim.P. 35 motion which sought reinstatement of a deferred judgment. We reverse.

In November 1975, pursuant to a deferred sentence stipulation, the defendant entered a plea of guilty to possession of a narcotic drug in an amount less than ½ ounce, a misdemeanor, and to the sale of a narcotic drug (cannabis) a felony. The court deferred judgment and sentencing on the felony charge...

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