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PEOPLE v. CABRAL

Nos. 835A75, 835A133.

698 P.2d 234 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Michael CABRAL, Defendant-Appellee. Michael CABRAL, Plaintiff-Appellant, v. The PEOPLE of the State of Colorado, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

April 15, 1985.

Attorney(s) appearing for the Case

Norman S. Early, Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Donna Skinner Reed, Deputy Dist. Atty., Denver, for the People.

Bender & Treece, P.C., Michael L. Bender, Denver, for Michael Cabral.

ERICKSON, Chief Justice.

In this consolidated appeal,1 both the prosecution and the defendant, Michael Cabral, appeal from orders entered by the district court pursuant to Crim.P. 35, upholding the defendant's conviction of first-degree assault, section 18-3-202, 8 C.R.S. (1975 Supp.), and vacating his conviction of second-degree assault, section 18-3-203, 8 C.R.S. (1973). The district court found that the defendant's guilty plea to first...

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