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PEOPLE v. BLACK

No. 93CA0808.

894 P.2d 767 (1994)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Earl S. BLACK, Defendant-Appellant.

Colorado Court of Appeals, Division II.

As Modified on Denial of Rehearing October 6, 1994.

Certiorari Granted April 3, 1995.

Cross-Petition for Certiorari Denied April 3, 1995.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Robert M. Petrusak, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Kathleen A. Lord, Deputy State Public Defender, Denver, for defendant-appellant.

Opinion by Judge TURSI*.

Defendant, Earl S. Black, appeals from the denial of his motion for post-conviction relief pursuant to Crim.P. 35(c). We remand with directions.

Defendant was convicted in 1984 of one count of first degree sexual assault and one count of crime of violence. He was sentenced to a term of fourteen years in the Department of Corrections plus one year of parole. Based on the interpretation of the law in effect...

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