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PEOPLE v. SIMONS

No. 90CA1259.

826 P.2d 382 (1991)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Steven SIMONS, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied October 10, 1991.

Certiorari Denied March 16, 1992.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Robert M. Petrusak, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Joan E. Mounteer, Jenine Jensen, Deputy State Public Defenders, Denver, for defendant-appellant.

Opinion by Judge NEY.

Defendant, Steven Simons, appeals the order of the trial court denying his Crim.P. 35(c) motion for post-conviction relief. We vacate the order and remand for further proceedings.

Defendant entered a plea of guilty to a charge of first degree sexual assault. Subsequently, he filed a motion for postconviction relief, alleging that he had received ineffective assistance of counsel and had been...

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