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PEOPLE v. NEWMAN

No. 03SA320.

91 P.3d 369 (2004)

In re the PEOPLE of the State of Colorado, Plaintiff v. Richard E. NEWMAN, Defendant.

Supreme Court of Colorado, En Banc.

May 24, 2004.

Attorney(s) appearing for the Case

Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, CO, Ralph B. Rhodes, Burke & Neuwirth, P.C., Dean S. Neuwirth, Denver, CO, Attorneys for Plaintiff.

David Thomas, Jefferson County District Attorney, Dennis Hall, Jefferson County Senior Deputy District Attorney, Eric Nelson, Jefferson County Special District Attorney, Attorneys for Defendant.

Justice COATS delivered the opinion of the court.

Richard Newman, a criminal defendant in the underlying prosecution, petitioned pursuant to C.A.R. 21 for relief from the trial court's order sentencing him to four years in prison for the storage of hazardous waste without a permit. Newman's initial six-year sentence had been reversed because it exceeded the statutorily authorized range for that offense. In resentencing him, the court openly relied on evidence that...

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