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PEOPLE v. ABEYTA

No. 93CA0677.

923 P.2d 318 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Sammy ABEYTA, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied March 14, 1996.

Certiorari Denied September 9, 1996.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Laurie A. Booras, Assistant Attorney General, Denver, for Plaintiff-Appellee.

Richard O'Brien Moore, Denver, for Defendant-Appellant.

Opinion by Chief Judge STERNBERG.

Defendant, Sammy Abeyta, appeals the denial of his motion for post-conviction relief pursuant to Crim.P. 35(c). We affirm.

Following a 1983 jury trial, defendant was convicted of second degree burglary, aggravated robbery, violent crime, and three counts of habitual criminal, and was sentenced to life imprisonment. His conviction was affirmed on appeal. People v. Abeyta, 728 P.2d 327

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