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PEOPLE v. RIVERA-BOTTZECK

Nos. 01CA2223, 01CA2267.

119 P.3d 546 (2005)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Otto Fernando RIVERA-BOTTZECK, Defendant-Appellant.

Colorado Court of Appeals, Division III.

As Modified on Denial of Rehearing March 24, 2005.

Certiorari Denied September 6, 2005.

Attorney(s) appearing for the Case

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

David S. Kaplan, Colorado State Public Defender, Joan E. Mounteer, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge TAUBMAN.

Defendant, Otto Fernando Rivera-Bottzeck, appeals the trial court's order denying his motion for postconviction relief and its judgment and sentence entered upon revocation of his deferred judgment. We affirm in part, vacate in part, and remand for further proceedings.

I. Background

Defendant was charged by indictment with two counts of securities fraud, one count of theft, and one count of theft from an at-risk adult. The...

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