PEOPLE v. CALDERON

No. 98CA1067.

992 P.2d 1201 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Leroy Martinez CALDERON, Defendant-Appellant.

Colorado Court of Appeals, Div. A.

Rehearing Denied September 16, 1999.

Certiorari Granted and Judgment Vacated February 7, 2000.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, John D. Seidel, Assistant Attorney General, Denver, Colorado for Plaintiff-Appellee.

Laura L. Magner, Crested Butte, Colorado, for Defendant-Appellant.


Opinion by Judge STERNBERG**

Defendant, Leroy Martinez Calderon, appeals from the trial court order denying his motion for post-conviction relief pursuant to Crim. P. 35(c). We vacate the order and remand for further proceedings.

Pursuant to a plea agreement, defendant pleaded guilty to menacing with a deadly weapon (a class five felony), possession of a weapon by a previous offender (a class five felony), and third degree assault...

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