PEOPLE v. MAYES

No. 98CA0204.

981 P.2d 1106 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Toby J. MAYES, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

April 29, 1999.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Richard A. Westfall, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert Mark Russel, First Assistant Attorney General, Miles Madorin, Special Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee

Philip A. Cherner, Denver, Colorado, for Defendant-Appellant


Opinion by Judge TAUBMAN.

Defendant, Toby J. Mayes, appeals from the trial court order denying his motion for post-conviction relief pursuant to Crim. P. 35(c). We affirm, but remand for correction of the mittimus.

Pursuant to a plea agreement in which other charges were dismissed, defendant pled guilty to a single count of sexual assault on a child committed in August 1993. Defendant signed a written plea agreement which advised him that the presumptive range...

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