PEOPLE v. CHETELAT

No. 90CA0627.

833 P.2d 771 (1991)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John CHETELAT, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 16, 1992.

Certiorari Denied August 3, 1992.


Attorney(s) appearing for the Case

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

David F. Vela, Colorado State Public Defender, Nancy J. Lichtenstein, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge CRISWELL.

The defendant, John Chetelat, appeals from the sentence imposed upon him after the trial court vacated his prior sentence and re-sentenced him. He asserts that, because his prior sentence was vacated as a result of the consideration by the original sentencing judge of a prior conviction that was later ruled to be constitutionally deficient, he was entitled to a de novo hearing at which he could produce additional evidence. Under the...

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