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PEOPLE v. MASON

No. 98CA2470.

997 P.2d 1245 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jay N. MASON, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Certiorari Granted May 1, 2000.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, Roger G. Billotte, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

C. Keith Pope, Boulder, Colorado, for Defendant-Appellant.

Opinion by Judge METZGER.

Defendant, Jay N. Mason, appeals the trial court order denying his Crim. P. 35(c) motion for new trial based on newly discovered evidence. We affirm.

In 1990, defendant pled guilty to reckless manslaughter and first degree assault resulting from a gang fight. He was sentenced to 16 years in the Department of Corrections. While incarcerated, he received a letter from a gang member who wrote that he had stabbed the assault victim.<...

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