PEOPLE v. SMITH

No. 95CA1601.

946 P.2d 570 (1997)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Kimberly SMITH, Defendant-Appellant.

Colorado Court of Appeals, Div. 1.

Rehearing Denied May 1, 1997.

Certiorari Granted November 17, 1997.


Attorney(s) appearing for the Case

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

David F. Vela, Colorado State Public Defender, Anne Stockham, Deputy State Public Defender, Denver, for Defendant-Appellant.


Opinion by Judge NEY.

Defendant, Kimberly Smith, appeals the denial of her motion for modification of sentence pursuant to Crim. P. 35(b). We reverse and remand.

In 1991, defendant was convicted by jury of child abuse resulting in death, a class two felony. Defendant was sentenced to serve sixteen years in the custody of the Department of Corrections. Defendant appealed her conviction and a division of this court affirmed. People v. Smith, (Colo.App...

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