PEOPLE v. WASHINGTON

No. 83CA1050.

709 P.2d 100 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Marshall L. WASHINGTON, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 17, 1985.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Eric Perryman, Asst. Atty. Gen., John Daniel Dailey, First Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Martin J. Gerra, III, Deputy State Public Defender, Laurie D. West, Deputy State Public Defender, Denver, for defendant-appellant.


STERNBERG, Judge.

The defendant, Marshall L. Washington, appeals from the order of the district court denying his Crim.P. 35(c) motion. We reverse.

On June 17, 1981, the defendant pleaded guilty to theft, a class three felony. He was ineligible for probation because of two prior felony convictions. At the time of sentencing, the defendant's attorney and the prosecutor recommended that defendant be sentenced to community corrections.

The court stated...

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