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PEOPLE v. HARPER

No. 02CA1059.

111 P.3d 482 (2004)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Belvin M. HARPER, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

March 25, 2004.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Melissa D. Allen, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Shann Jeffery, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Chief Judge DAVIDSON.

Defendant, Belvin M. Harper, appeals from the trial court order denying his Crim. P. 35(a) and (c) motion for postconviction relief. We affirm in part, reverse in part, and remand for further proceedings.

In 1998, defendant pleaded guilty to two counts of possession of a schedule II controlled substance, a class four felony. He was sentenced to stipulated six-year terms in the Department of Corrections (DOC) on

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