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PEOPLE v. STARK

No. 94CA1082.

902 P.2d 928 (1995)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Kevin A. STARK, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied June 8, 1995.

Certiorari Denied September 25, 1995.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Matthew S. Holman, Asst. Atty. Gen., Denver, for plaintiff-appellee.

E. Ronald Beeks, Evergreen, for defendant-appellant.

Opinion by Judge METZGER.

Defendant, Kevin A. Stark, appeals the trial court's order denying his Crim.P. 35(c) motion without a hearing. We reverse and remand for further proceedings.

Defendant's motion alleged the following facts. On May 26, 1992, he was sentenced to four years in the Department of Corrections (DOC) for possession of a weapon by a previous offender and to the Arapahoe County Jail for a concurrent 1-year sentence for misdemeanor prohibited...

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