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PEOPLE v. MARTINEZ

No. 81SA386.

660 P.2d 1292 (1983)

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

Supreme Court of Colorado, En Banc.

Rehearing Denied April 18, 1983.

Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., John Daniel Dailey, J. Stephen Phillips, Asst. Attys. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Jody Sorenson Theis, Deputy State Public Defender, Denver, for defendant-appellant.

HODGES, Chief Justice.

Defendant Martinez appeals the denial of his Crim.P. 35(c) motion to either vacate his guilty plea on a charge of first-degree assault1 or to resentence him. We affirm.

The defendant pled guilty to shooting his victim at point-blank range, causing partial paralysis, in an incident which occurred in 1973. Pursuant to a plea bargain, three other counts, including two habitual criminal counts, were dismissed...

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