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PEOPLE v. XIONG

No. 99CA0278.

10 P.3d 719 (2000)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Vichai XIONG, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

August 17, 2000.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Lauren A. Edelstein, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Lisa Dixon, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge CASEBOLT.

Defendant, Vichai Xiong, appeals the trial court's order denying his Crim. P. 35(c) motion for postconviction relief. We affirm.

Defendant agreed to plead guilty to one count of second degree burglary, a class four felony. At defendant's providency hearing, the court advised him that the presumptive range for a class four felony was between two and four years incarceration, but that, because he was on probation for a felony when...

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