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PEOPLE v. SIMPSON

No. 00CA0475.

51 P.3d 1022 (2001)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Christopher T. SIMPSON, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing October 25, 2001.

As Corrected February 13, 2002.

Certiorari Granted July 22, 2002.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, John D. Seidel, Assistant Attorney General, Denver, CO, for Plaintiff-Appellee.

Kurt A. Metsger, Denver, CO, for Defendant-Appellant.

Opinion by Judge TAUBMAN.

Defendant, Christopher T. Simpson, appeals from the trial court's order denying his Crim. P. 35(c) motion. We reverse and remand.

This conviction arose out of an altercation between defendant, a seventeen-year-old juvenile, and another juvenile while both were incarcerated at a detention facility. The other juvenile apparently provoked defendant and struck him first. A fight ensued, and officers...

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