PEOPLE v. SCHNEIDER

No. 97CA2185.

991 P.2d 296 (1999)

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

Colorado Court of Appeals, Div. V.

Rehearing Denied April 22, 1999.

Certiorari Granted January 18, 2000.


Attorney(s) appearing for the Case

David J. Thomas, District Attorney, Donna Skinner Reed, Chief Appellate Deputy District Attorney, Golden, Colorado, for Plaintiff-Appellant

Maureen O'Brien, Lakewood, Colorado, for Defendant-Appellee


Opinion by Judge MARQUEZ.

The People appeal the trial court's order granting the request of defendant, Duane Fred Schneider, to withdraw his guilty plea based on newly discovered evidence. We affirm.

In 1993, defendant was charged with four counts of aggravated incest involving his then thirteen-year-old daughter. Pursuant to a plea agreement, defendant entered a guilty plea in 1994 to sexual assault on a child in accordance with North Carolina v. Alford...

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