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PEOPLE v. GARCIA

No. 89CA0365.

799 P.2d 413 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Pete GARCIA, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing June 7, 1990.

Certiorari Granted October 29, 1990.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Douglas J. Friednash, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, and Barbara S. Blackman, Deputy State Public Defender, Denver, for defendant-appellant.

Opinion by Judge JONES.

Defendant, Pete Garcia, appeals the order denying his Crim.P. 35(c) motion to withdraw his guilty plea to accessory to first degree assault. He contends that his plea was entered through ineffective assistance of counsel. We vacate the order and remand for further proceedings.

Defendant was charged with two counts of attempted first degree murder, two counts of first degree assault, and two counts of violent crime. He pleaded guilty...

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