PEOPLE v. ROBINSON

No. 90CA1566.

833 P.2d 832 (1992)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Edgar Burton ROBINSON, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing March 26, 1992.

Certiorari Granted August 17, 1992.

Cross-Petition for Certiorari Denied August 17, 1992.


Attorney(s) appearing for the Case

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

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


Opinion by Judge DAVIDSON.

Defendant, Edgar Burton Robinson, appeals from the order of the trial court dismissing his Crim. P. 35(c) motion as untimely. We affirm.

In 1977, defendant entered a plea of guilty to first degree sexual assault. He received a two-year deferred sentence. In 1990, defendant filed a Crim. P. 35(c) motion to vacate the conviction.

In its opposition brief, the prosecution argued that the motion was untimely pursuant to §...

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