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PEOPLE v. DEAN

No. 93CA0709.

894 P.2d 13 (1994)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Norman Edward DEAN, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 25, 1994.

Certiorari Denied May 8, 1995.

Attorney(s) appearing for the Case

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

David F. Vela, Colorado State Public Defender, Katherine Brien, Deputy State Public Defender, Denver, for defendant-appellant.

Opinion by Judge CRISWELL.

Defendant, Norman Edward Dean, appeals the trial court's order refusing to consider his Crim.P. 35(b) motion for reduction of sentence. We reverse.

Upon his conviction for escape and habitual criminality, defendant was originally sentenced to thirty to thirty-five years' imprisonment. However, this indeterminate sentence was illegal because the underlying offense occurred after July 1, 1979...

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