PEOPLE v. CARPENTER

No. 84CA0876.

709 P.2d 72 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David A. CARPENTER, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 22, 1985.

Certiorari Denied November 4, 1985.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., David R. Little, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Pete Cordova, Salida, for defendant-appellant.


METZGER, Judge.

Defendant, David A. Carpenter, appeals his conviction of assault in the second degree after a jury trial, contending that he was unconstitutionally placed in double jeopardy by the sentencing judge's rejection of his guilty plea which had been accepted by another judge. We agree, and therefore, vacate the judgment and remand for sentencing pursuant to defendant's plea.

The facts in this case are not disputed. Defendant was charged with assault...

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