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PEOPLE v. TAFOYA

No. 90CA1147.

833 P.2d 841 (1992)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Henry TAFOYA, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing April 9, 1992.

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., A. William Bonner, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Thomas R. Williamson, Deputy State Public Defender, Denver, for defendant-appellant.

Opinion by Judge MARQUEZ.

Defendant, Henry Tafoya, appeals from the trial court's order denying his Crim.P. 35(c) motion challenging his 1971 conviction of second degree burglary in El Paso County, Colorado. (District Court Case No. 71CR15355). We affirm.

In 1971, defendant and his brother were charged with second degree burglary of a gas station. During a recess in a jury trial on those charges, near the end of the prosecution's case, both defendants left...

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