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PEOPLE v. PENNINGTON

No. 98CA0506.

989 P.2d 230 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Steven Owen PENNINGTON, Defendant-Appellant.

Colorado Court of Appeals, Div. A.

Certiorari Denied December 6, 1999.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Clemmie P. Engle, Senior Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Robert S. Berger, P.C., Robert S. Berger, Denver, Colorado, for Defendant-Appellant.

Opinion by Justice ERICKSON.*

Defendant, Steve Owen Pennington, appeals from the trial court order denying his Crim. P. 35(c) motion as untimely and lacking justifiable excuse or excusable neglect. We affirm.

Defendant pled guilty to possession of burglary tools and was sentenced to 16 years of probation on September 30, 1994. The trial court signed the conditions of probation on October 14, 1994.

Shortly thereafter, defendant...

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