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PEOPLE v. SCHNEIDER

No. 99SC401.

25 P.3d 755 (2001)

The PEOPLE of the State of Colorado, Petitioner, v. Duane Fred SCHNEIDER, Respondent.

Supreme Court of Colorado, En Banc.

May 21, 2001.

Attorney(s) appearing for the Case

David J. Thomas, District Attorney, First Judicial District Donna Skinner Reed, Chief Appellate Deputy District Attorney Golden, CO, Attorneys for Petitioner.

Maureen O'Brien, Lakewood, CO, Attorney for Respondent.

Justice KOURLIS delivered the Opinion of the Court.

This case presents for review the question of when a defendant who has entered a plea may withdraw that plea based upon newly discovered evidence. We hold that in order for a court to permit such a withdrawal and set the matter for trial, the court must reasonably conclude that: (1) the newly discovered evidence was discovered after entry of the plea, and, in the exercise of reasonable diligence by the defendant...

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