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PEOPLE v. MARTINEZ

No. 04CA2136.

128 P.3d 291 (2005)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Charles D. MARTINEZ, Jr., Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied November 23, 2005.

Certiorari Denied February 6, 2006.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Katherine A. Hansen, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

The Joffe Law Firm, Antony M. Noble, Denver, Colorado, for Defendant-Appellant.

VOGT, J.

Defendant, Charles D. Martinez, Jr., appeals the trial court's order denying his pro se motion for postconviction relief. We affirm.

In August 2000, defendant pled guilty to vehicular assault-reckless driving, a class five felony, in exchange for the dismissal of another charge of vehicular assault-DUI.

At the January 2001 sentencing hearing, the trial court found that an aggravated range sentence, beyond the one- to three-year presumptive...

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