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SWAINSON v. PEOPLE

No. 83SC305.

712 P.2d 479 (1986)

Christy J. SWAINSON, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

January 13, 1986.

Attorney(s) appearing for the Case

Jeffrey R. Edelman, Denver, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Peter J. Stapp, Asst. Atty. Gen., Denver, for respondent.

ERICKSON, Justice.

We granted certiorari to review the decision of the court of appeals in People v. Swainson, 674 P.2d 984 (Colo.App. 1983), which held that the petitioner, Christy J. Swainson, was not excused from the 120day time limit for filing a Crim. P. 35 motion for reduction of sentence. We reverse the judgment of the court appeals and remand with directions.

I.

Swainson was originally charged in an...

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