PEOPLE v. COOPER

No. 98CA1614.

8 P.3d 554 (2000)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David COOPER, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing May 4, 2000.

Certiorari Granted September 11, 2000.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Peter J. Cannici, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Katherine Brien, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge MARQUEZ.

Defendant, David Cooper, appeals from the trial court's order denying his Crim. P. 35(c) motion. We reverse and remand for further proceedings.

Defendant pled guilty to second degree sexual assault based on events that occurred on July 28, 1996. Subsequently, defendant moved for relief under Crim. P. 35(c), contending, as relevant here, that the Department of Corrections (DOC) had added a five-year period of mandatory parole in violation...

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