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PEOPLE v. HEITZMAN

Nos. 92SA156, 92SA157.

852 P.2d 443 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Curtis HEITZMAN, Defendant-Appellant. (Two Cases)

Supreme Court of Colorado, En Banc.

Rehearing Denied June 7, 1993.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., Robert M. Petrusak, and Laurie A. Booras, Asst. Atty. Gen., Denver, for plaintiff-appellee in No. 92SA156.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., and Robert M. Petrusak, Asst. Atty. Gen., Denver, for plaintiff-appellee in No. 92SA157.

David F. Vela, Colorado State Public Defender, and Martin Gerra, Deputy State Public Defender, Denver, for defendant-appellant in Nos. 92SA156 and 92SA157.

Justice LOHR delivered the Opinion of the Court.

We have consolidated for the purpose of issuing a single opinion two separate cases in which the defendant, Curtis Heitzman, appeals from orders of the Jefferson County District Court denying his motions under Crim. P. 35(c) to vacate judgments of conviction entered against him for felony offenses. The district court ruled in each case that the defendant's motion was not filed within the time period prescribed by section...

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