PEOPLE v. MEDINA

No. 94CA1361.

926 P.2d 149 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Rose M. MEDINA, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing September 5, 1996.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Clement P. Engle, Senior Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, State Public Defender, Thomas R. Williamson and C. Keith Pope, Deputy State Public Defenders, Denver, for Defendant-Appellant.


Opinion by Judge PLANK.

Defendant, Rose M. Medina, appeals the trial court's ruling on her Crim. P. 35(c) motion in which she sought an extended proportionality review of her sentence. We vacate the sentence and remand for re-sentencing.

In 1988, the defendant was convicted of second degree forgery, theft, tampering with physical evidence, and third degree assault. She was also convicted of being an habitual offender. The trial court sentenced her to three...

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