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PEOPLE v. DUKE

No. 99CA0544.

36 P.3d 149 (2001)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Casey Wade DUKE, Defendant-Appellant.

Colorado Court of Appeals. Div. I.

Certiorari Denied November 19, 2001.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Evan W. Jones, Assistant Attorney General, Denver, CO, for Plaintiff-Appellee.

Anne Whalen Gill, P.C., Anne Whalen Gill, Greenwood Village, CO, for Defendant-Appellant.

Opinion by Judge DAILEY.

Defendant, Casey Wade Duke, appeals from the trial court's order denying his motion for post-conviction relief pursuant to Crim. P. 35(b) and 35(c). We affirm in part, reverse in part, and remand for additional proceedings.

Defendant was charged with one count of criminal mischief for considerably damaging an automobile with a hammer a few weeks before his 18th birthday. Pursuant to § 19-2-517, C.R.S.2000, he was prosecuted in...

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