PEOPLE v. HASTINGS

No. 93CA0466.

903 P.2d 23 (1994)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Brian Kent HASTINGS, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing February 16, 1995.

Certiorari Denied August 21, 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, Colo. State Public Defender, Nancy J. Lichtenstein, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge CASEBOLT.

Defendant, Brian Kent Hastings, appeals a judgment of conviction entered after revocation of his deferred sentence. Because we determine that the district attorney lacked authority to file the motion to revoke, we vacate the judgment and sentence and remand for further proceedings.

In 1989, defendant was charged with several drug-related offenses. Defendant requested a special prosecutor because the district attorney had previously...

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