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PEOPLE v. FAGERHOLM

No. 86SA455.

768 P.2d 689 (1989)

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

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing February 27, 1989.

Attorney(s) appearing for the Case

Barney Iuppa, Dist. Atty., Daniel H. May, Deputy Dist. Atty., Fourth Judicial Dist., Colorado Springs, for plaintiff-appellant.

David F. Vela, State Public Defender, Jonathan S. Willett, Deputy State Public Defender, Denver, for defendant-appellee.

KIRSHBAUM, Justice.

The defendant, Gary Fagerholm, entered a guilty plea to the offense of attempted sexual assault on a child, in violation of sections 18-2-101 and 18-3-405, 8B C.R.S. (1986), in the El Paso County District Court. Upon denial of his application for probation because of two prior felony convictions, Fagerholm filed a motion pursuant to Crim.P. 35(c) challenging the constitutionality of one of these convictions. The People argued that Fagerholm was...

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