PEOPLE v. GANDIAGA

No. 01CA0791.

70 P.3d 523 (2002)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Carlos GANDIAGA, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Certiorari Denied June 2, 2003.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Elizabeth Rohrbough, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

E. Richard Toray, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge DAILEY.

Defendant, Carlos Gandiaga, appeals from the trial court's order denying his Crim. P. 35(c) motion to vacate his convictions for attempted first degree murder and second degree kidnapping. We affirm.

The evidence presented at trial revealed that, at the behest of a reputed drug lord, defendant and two other men kidnapped the victim and drove him to a remote spot in the mountains. There, defendant and his cohorts got out of the car...

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