PEOPLE v. ESTEP

No. 86CA0951.

799 P.2d 405 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Park Journee ESTEP, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing May 17, 1990.

Certiorari Denied November 13, 1990.


Attorney(s) appearing for the Case

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

Sears & Mika, P.C., Mary G. Allen, Colorado Springs, George M. Allen, Honolulu, Hawaii, and Law Offices of Richard L. Tegtmeier, Richard L. Tegtmeier, Colorado Springs, for defendant-appellant.


Opinion by Judge NEY.

The defendant, Park Journey Estep, appeals the denial of his Crim.P. 35(c) motion for post-conviction relief in which he sought either unconditional discharge or a new trial based on the confession of another to the crime of which he had been convicted. We reverse and remand.

An El Paso County jury found the defendant guilty of first degree murder, first degree assault, first degree arson, and aggravated robbery as charged in 1974. There...

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