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PEOPLE v. BRACK

No. 88CA1025.

796 P.2d 49 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Charles E. BRACK, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 3, 1990.

Certiorari Denied September 4, 1990.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Ann Feinstein Levis, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Susan Baker, Deputy State Public Defender, Denver, for defendant-appellant.

Opinion by Judge PLANK.

Defendant, Charles E. Brack, appeals the trial court's order denying his Crim.P. 35(c) motion. He argues that the denial of his motion as untimely constituted reversible error, as did the denial of his request for appointed counsel. We disagree and, therefore, affirm.

Defendant argues that he is entitled to the five-year grace period established by the supreme court in People v. Fagerholm, 768 P.2d 689

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