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ESTEP v. PEOPLE

No. 86SC344.

753 P.2d 1241 (1988)

Park Journee ESTEP, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

April 18, 1988.

Attorney(s) appearing for the Case

Lance M. Sears, Mary G. Allen, Tegtmeier & Sears, P.C., Colorado Springs, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Clement P. Engle, Asst. Atty. Gen., Denver, for respondent.

ROVIRA, Justice.

The court of appeals dismissed petitioner Park Journee Estep's appeal because the notice of appeal was not filed within the time prescribed by C.A.R. 4(b). Based on the unique facts of this case, we find that the court of appeals erred in denying Estep's motion to vacate the order of dismissal. We therefore reverse the order of dismissal and remand the case to the court of appeals with instructions to accept Estep's notice of appeal as timely filed...

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