PEOPLE v. GRAHAM

No. 87CA1557.

793 P.2d 600 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gary Allen GRAHAM, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied January 25, 1990.

Certiorari Denied July 9, 1990.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert M. Petrusak, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Rachel A. Bellis, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge JONES.

The issues presented on this appeal concern the effect of an illegal sentence and whether defendant has shown present need for relief therefrom. We determine that need for relief from a completed sentence has not been demonstrated and, therefore, affirm the trial court's order denying Crim.P. 35 relief.

In February 1985, defendant committed the class five felony of possession of a weapon by a previous offender. See § 18...

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