ELLSWORTH v. PEOPLE

No. 98SC459.

987 P.2d 264 (1999)

Robert ELLSWORTH, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

November 1, 1999.


Attorney(s) appearing for the Case

Bruno, Bruno & Colin, P.C., Marc F. Colin, Douglas Jewell, R. Stephen Hall, Denver, Colorado, Attorneys for Petitioner.

Edward J. Rodgers, District Attorney Eleventh Judicial District, Jeffrey D. Lindsey, Deputy District Attorney, Canon City, Colorado, Attorneys for Respondent.


Justice RICE delivered the Opinion of the Court.

We granted certiorari in order to review the district court's order reversing the county court's grant of Petitioner's motion to withdraw his plea. Petitioner argues that the district court was without jurisdiction to hear the appeal brought by the prosecution from the county court order after the district court had previously vacated Petitioner's sentence. As we find that no final judgment existed at the time of the...

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