PEOPLE v. MORIARITY

No. 98CA1463.

8 P.3d 566 (2000)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jeremiah J. MORIARITY, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Certiorari Denied August 21, 2000.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Steven C. Posner, Special Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Kathleen Lord, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge NIETO.

Defendant, Jeremiah J. Moriarity, appeals the trial court's order denying his Crim. P. 35(c) motion for post-conviction relief. We affirm, but remand for correction of the mittimus.

In February 1996, defendant pled guilty to one count of first degree assault — heat of passion, a class-five felony, and was sentenced to the Department of Corrections (DOC) for three years, the maximum in the presumptive range. Although it is not...

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