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PEOPLE v. RHORER

No. 93CA1510.

946 P.2d 503 (1997)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Rex C. RHORER, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 27, 1997.

Certiorari Granted November 3, 1997.

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.

Nora V. Kelly, Denver, for Defendant-Appellant.

Opinion by Judge CRISWELL.

Defendant, Rex C. Rhorer, appeals the judgment of conviction of second degree burglary and the district court's later order denying his Crim.P. 35(c) motion. We affirm the order denying the Crim.P. 35(c) motion, vacate the conviction of burglary, and remand with directions to enter a judgment of conviction of criminal trespass and resentence defendant for that offense.

Defendant was charged with and tried for second degree burglary...

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