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ST. JAMES v. PEOPLE

No. 96SC580.

948 P.2d 1028 (1997)

Steven ST. JAMES, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

December 8, 1997.

Attorney(s) appearing for the Case

Chambers, Dansky and Hansen, P.C., David J. Dansky, Denver, for Petitioner.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert Mark Russel, First Assistant Attorney General, Clemmie P. Engle, Senior Assistant Attorney General, Criminal Enforcement Section Denver, for Respondent.

Justice MARTINEZ delivered the Opinion of the Court.

This appeal involves an alleged breach of a plea agreement between the defendant, Steven M. St. James, and the prosecution. St. James filed a Crim. P. 35(c) motion alleging that the prosecution's statements at a sentencing hearing breached its promise to refrain from advocating a particular sentence. After considering "the totality of the circumstances under which the sentence was imposed," the trial court determined...

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