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PEOPLE v. VALDEZ

No. 94CA1111.

911 P.2d 703 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Lloyd VALDEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. A.

January 25, 1996.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, and A. William Bonner and Kim L. Montagriff, Assistant Attorneys General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender and Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for Defendant-Appellant.

Opinion by Judge ROTHENBERG.

Defendant, Lloyd Valdez, appealed from the denial of a Crim.P. 35(c) motion to set aside his sentence as an habitual offender. After the appeal had been filed, the defendant died. Citing People v. Lipira, 621 P.2d 1389 (Colo.1980), we issued an order to show cause whether additional relief beyond dismissal of the now moot appeal was appropriate in this situation. Having considered the responses...

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