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PEOPLE v. BREAMAN

No. 95CA0358.

924 P.2d 1139 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Neil Gerald BREAMAN, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 11, 1996.

Certiorari Granted October 15, 1996.

Attorney(s) appearing for the Case

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

Shanahan, Dumler, Swanson & Olsson, P.C., Conrad T. Swanson, Fort Collins, for Defendant-Appellant.

Opinion by Judge CRISWELL.

Defendant, Neil Gerald Breaman, appeals the trial court order denying his motion for post-conviction relief pursuant to Crim.P. 35(c). We reverse and remand for further proceedings.

Defendant entered a guilty plea to one count of attempted second degree kidnapping in exchange for the dismissal of a third degree sexual assault charge. He received a twenty year sentence.

Defendant later filed a pro se motion for post...

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