PEOPLE v. KELLEY

No. 93CA0509.

895 P.2d 1080 (1994)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Robert A. KELLEY, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied November 10, 1994.

Certiorari Denied June 5, 1995.


Attorney(s) appearing for the Case

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

David F. Vela, State Public Defender, Thomas K. Carberry, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge CASEBOLT.

In this Crim.P. 35(c) proceeding, the issue is whether the automatic stay in bankruptcy pursuant to 11 U.S.C. § 362 (1985), prohibits a parole revocation proceeding predicated upon defendant's failure to pay restitution. Concluding that it does not, the trial court upheld revocation of parole and denied defendant's motion challenging that revocation. We affirm.

Defendant was sentenced to a term of incarceration and ordered to...

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