PEOPLE v. SANTANA

No. 96CA2232.

961 P.2d 498 (1997)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Antonio SANTANA, a/k/a Tony Santana, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied December 26, 1997.

Certiorari Denied July 27, 1998.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Lauren A. Edelstein, Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Beth L. Krulewitch, Deputy State Public Defender, Denver, for Defendant-Appellant.


Opinion by Judge NEY.

Defendant, Antonio Santana, appeals the trial court's order denying his motion for post-conviction relief pursuant to Crim. P. 35(a) and (c). We affirm.

Defendant pled guilty to second degree sexual assault, a class four felony, and was sentenced to two and one-half years' imprisonment. Defendant then filed a Crim. P. 35(b) motion seeking a reduction in his sentence. Granting the motion, the court vacated the original sentence and sentenced...

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