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PEOPLE v. CAGLE

No. 89CA0596.

807 P.2d 1233 (1991)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Troy Roger CAGLE, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied February 28, 1991.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Robert M. Russel, First Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, and Janet Fullmer Youtz, Deputy State Public Defender, Denver, for defendant-appellant.

Opinion by Judge CRISWELL.

Defendant, Troy Roger Cagle, appeals the order of the trial court refusing to consider his Crim.P. 35(b) motion for reduction of sentence. We reverse.

Defendant was convicted of one count of possession of a Schedule I controlled substance and one count of driving under denial. In a previous appeal, those convictions were affirmed. People v. Cagle, 751 P.2d 614 (Colo.), cert. denied,

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