PEOPLE v. ESPINOZA

No. 98CA1155.

985 P.2d 68 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Danny M. ESPINOZA, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied May 6, 1999.

Certiorari Granted and Judgment Vacated October 4, 1999.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Peter J. Cannici, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Martin Gerra, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge BRIGGS.

Defendant, Danny M. Espinoza, appeals from the trial court's denial of his motion for postconviction relief pursuant to Crim. P. 35(c). We reverse and remand for further proceedings.

In 1994, in accordance with a plea agreement, defendant pled guilty to menacing, a class five felony in violation of § 18-3-206, C.R.S.1998. The agreement provided that he would be sentenced to the Department of Corrections (DOC) for a term of four...

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