PEOPLE v. GALLEGOS

No. 94CA0250.

914 P.2d 449 (1995)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Samuel GALLEGOS, a/k/a Felix Vialpando, a/k/a Daniel Gallegos, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 31, 1995.

Certiorari Denied April 15, 1996.


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.

Jeffrey H. Cahn, P.C., Jeffrey H. Cahn, Westminster, for defendant-appellant.


Opinion by Judge JONES.

Defendant, Samuel Gallegos, appeals the denial of his Crim.P. 35(c) motion challenging the validity of his conviction for attempted theft. We affirm.

In February 1988, defendant was charged with theft in violation of § 18-4-401, C.R.S. (1986 Repl.Vol. 8B). At that time, defendant was on parole from the Department of Corrections on a prior conviction. Because violating any state law constituted a violation of defendant's parole...

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