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PEOPLE v. LUSTGARDEN

No. 94CA0717.

914 P.2d 488 (1995)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ira D. LUSTGARDEN, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing October 12, 1995.

Certiorari Denied April 15, 1996.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Robert M. Petrusak, Assistant Attorney General, Denver, for plaintiff-appellee.

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

Opinion by Chief Judge STERNBERG.

The defendant, Ira D. Lustgarden, appeals the denial of his Crim.P. 35(c) motion. We affirm.

In 1983, defendant was charged with two counts of sexual assault on a child, in violation of § 18-3-405, C.R.S. (1986 Repl.Vol. 8B). Following plea negotiations, he entered a guilty plea to one count in exchange for dismissal of the second. After conducting a providency hearing and concluding that the plea was knowingly and voluntarily...

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