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PEOPLE v. NGUYEN

No. 02CA0293.

80 P.3d 903 (2003)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Tho NGUYEN, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 16, 2003.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, John T. Bryan, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Tho Nguyen, Pro Se.

Opinion by Judge NEY.

Defendant, Tho Nguyen, appeals the trial court's order denying his Crim. P. 35(c) motion asserting that his guilty plea was invalid. We vacate the order and remand the case for further proceedings.

Pursuant to a plea agreement, defendant pleaded guilty to second degree murder in exchange for the dismissal of the original charge of first degree murder. Prior to sentencing, defendant moved to withdraw his plea. Following a hearing, the...

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