PEOPLE v. BARTH

No. 98CA0680.

981 P.2d 1102 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gary Steven BARTH, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing April 1, 1999.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Nancy Bauer Egelhoff, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee

Gary Steven Barth, Pro Se


Opinion by JUDGE BRIGGS.

Defendant, Gary Steven Barth, appeals the trial court's order denying his motion for post-conviction relief pursuant to Crim. P. 35(c). We affirm but remand for correction of the mittimus.

Defendant thereafter filed pro se a Crim. P. 35(c) motion seeking to have his sentence modified. He asserted that his three-year prison sentence plus the two-year mandatory parole period resulted in a total sentence of five years, thus illegally...

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