PEOPLE v. LEONARD

No. 91CA1546.

872 P.2d 1325 (1993)

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

Colorado Court of Appeals, Div. IV.

Rehearing Denied December 2, 1993.

Certiorari Denied April 18, 1994.


Attorney(s) appearing for the Case

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

David F. Vela, Colorado State Public Defender, Joan E. Mounteer, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge RULAND.

Defendant, John Patrick Leonard, appeals the judgment of conviction entered upon a jury verdict finding him guilty of aggravated incest. He also appeals the 12-year sentence imposed and the trial court's order denying his Crim.P. 35(c) motion for a new trial based on newly discovered evidence. We affirm the judgment of conviction and order, vacate the sentence, and remand for resentencing.

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