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PEOPLE v. CHAVEZ

No. 82SA242.

659 P.2d 1381 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ely CHAVEZ, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 28, 1983.

Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J.

Mullarkey, Sol. Gen., Laura E. Udis, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Gerald E. Piper, Deputy State Public Defender, Denver, for defendant-appellant.

ROVIRA, Justice.

The defendant Ely Chavez appeals from a decision of the Denver District Court denying his motion for post-conviction relief pursuant to Crim.P. 35.1 We reverse.

In December 1979 Chavez was charged with several crimes. The state public defender was appointed to represent him and bond was set at $10,000. He did not post bond. After entering a plea of guilty to second-degree assault and mandatory sentencing, the defendant...

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