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PEOPLE v. ROCKWELL

No. 02CA1812.

104 P.3d 900 (2003)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Mark E. ROCKWELL, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing April 29, 2004.

Rehearing Denied July 29, 2004.

Certiorari Granted January 10, 2005.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Katharine J. Gillespie, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

E. Scott Baroway, Englewood, Colorado, for Defendant-Appellant.

Opinion by Judge TAUBMAN.

Defendant, Mark E. Rockwell, appeals the trial court order denying his Crim. P. 35(a) motion to correct his sentence to reflect that he is subject to a term of discretionary rather than mandatory parole. We vacate the order and remand for further proceedings.

Defendant was originally charged with single counts of second degree burglary of a dwelling, a class three felony under § 18-4-203(2)(a), C.R.S.2003, and third degree sexual...

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