PEOPLE v. VALDEZ

No. 95CA0043.

928 P.2d 1387 (1996)

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

Colorado Court of Appeals, Div. I.

November 29, 1996.


Attorney(s) appearing for the Case

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

Law Offices of J.E. Losavio, Jr., J.E. Losavio, Jr., Margaret L. Herdeck, Michael L. Garcia, Pueblo, for Defendant-Appellant.


Opinion by Judge METZGER.

Pursuant to a plea bargain, defendant, George Valdez, entered a plea of nolo contendere to one count of electioneering. He appeals the judgment of conviction and sentence. We affirm the former, vacate the latter, and remand the cause for a new sentencing hearing.

In 1992, an election challenge to absentee voters brought by a citizens group in Costilla County resulted in an order requiring names to be stricken from the voting...

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