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PEOPLE v. PADILLA

No. 94SC144.

907 P.2d 601 (1995)

The PEOPLE of the State of Colorado, Petitioner, v. Joseph PADILLA, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing January 8, 1996.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert Mark Russel, First Assistant Attorney General, Matthew S. Holman, Assistant Attorney General, Criminal Enforcement Section, Denver, for Petitioner.

David F. Vela, State Public Defender, Katherine Brien, Deputy State Public Defender, Denver, for Respondent.

Justice LOHR delivered the Opinion of the Court.

The defendant, Joseph Padilla, pled guilty in Denver District Court to one count of assault in the first degree.1 At his sentencing hearing, the defendant filed a motion to suppress the use of three prior felony convictions in the sentencing determination on the ground that these convictions were unconstitutionally obtained. The sentencing court...

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