PEOPLE v. BROCKELMAN

No. 94CA1119.

916 P.2d 592 (1995)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. James B. BROCKELMAN, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing October 5, 1995.

Certiorari Granted May 20, 1996.


Attorney(s) appearing for the Case

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

James B. Brockelman, pro se.


Opinion by Judge CRISWELL.

Defendant, James B. Brockelman, appeals the denial of his Crim.P. 35(c) motion to modify the terms of his probation. We reverse and remand for further proceedings.

Defendant was convicted of committing a third degree assault upon his girlfriend and was sentenced to a term of incarceration; he did not appeal that conviction and sentence. While that charge was pending, the trial court entered...

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