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PEOPLE v. MACK

No. 83SA267.

681 P.2d 949 (1984)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Samuel MACK, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 25, 1984.

Attorney(s) appearing for the Case

L. Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Valerie McNevin-Petersen, Asst. Atty. Gen., Denver, for plaintiff-appellee.

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

PER CURIAM.

The defendant, Samuel J. Mack, appeals from the denial of his Crim.P. 35(c)(2) motion. We affirm in part, reverse in part, and remand with directions.

The defendant was arrested on October 31, 1976. He was later charged in an information with one count of first-degree sexual assault, § 18-3-402, 8 C.R.S. (1978), and two counts of menacing, § 18-3-206, 8 C.R.S. (1978). He was convicted by a jury on March 28, 1979, on all counts. The defendant...

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