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PEOPLE v. BREAMAN

No. 96SC307.

939 P.2d 1348 (1997)

The PEOPLE of the State of Colorado, Petitioner, v. Neil Gerald BREAMAN, Respondent.

Supreme Court of Colorado, En Banc.

June 23, 1997.

Attorney(s) appearing for the Case

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, M. Catherine Duba, Assistant Attorney General, Criminal Enforcement Section, Denver, for Petitioner.

Shanahan, Dumler, Swanson & Olsson, P.C., Conrad T. Swanson, Fort Collins, for Respondent.

Justice KOURLIS delivered the Opinion of the Court.

We granted certiorari to review the court of appeals decision in People v. Breaman, 924 P.2d 1139 (Colo.App.1996), reversing a district court order denying defendant Neal Gerald Breaman's motion for post-conviction relief pursuant to Crim. P. 35(c). Because we agree that the district court erred in its directions to counsel and in its failure to enter independent findings...

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