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PEOPLE v. DIAZ

No. 98CA1347.

985 P.2d 83 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Fred DIAZ, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied June 17, 1999.

Certiorari Denied October 4, 1999.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, John Daniel Dailey, Assistant Solicitor General, Robert Mark Russel, First Assistant Attorney General, David C. Lugert, Special Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Jeffrey R. Edelman, P.C., Jeffrey R. Edelman, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge VOGT.

Defendant, Fred Diaz, appeals the trial court's order denying his Crim. P. 35(c) motion for postconviction relief. We affirm.

Defendant was convicted of second degree assault and reckless endangerment following an altercation with law enforcement officials. On appeal, a division of this court affirmed defendant's conviction but declined to address his constitutional challenges to § 13-90...

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