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MARTIN v. PEOPLE

No. 99SC602.

27 P.3d 846 (2001)

Vance MARTIN, Petitioner, v. The PEOPLE of the State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 23, 2001.

Attorney(s) appearing for the Case

Nancy L. Flax, Denver, CO, Attorney for Petitioner.

Ken Salazar, Attorney General, Dawn M. Weber, Assistant Attorney General, Alan J. Gilbert, Solicitor General, Robert M. Russel, Assistant Solicitor General, Appellate Division, Criminal Justice Section, Denver, CO, Attorneys for Respondent.

Jessica L. West, Denver, CO, Amicus Curiae for Colorado Defense Bar (CDB).

Justice MARTINEZ delivered the Opinion of the Court.

In this case we consider whether the court of appeals erred by affirming the trial court's denial of the defendant's Crim. P. 35(c) motion, and holding that a defendant convicted of a sexual assault occurring in July 1993 is subject to a mandatory five-year period of parole in addition to a period of incarceration. People v. Martin, 987 P.2d 919

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