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DELGADO v. PEOPLE

No. 03SC390.

105 P.3d 634 (2005)

Jorge DELGADO, v. The PEOPLE of the State of Colorado.

Supreme Court of Colorado, En Banc.

January 31, 2005.

Attorney(s) appearing for the Case

David S. Kaplan, Colorado State Public Defender, Alan Kratz, Deputy State Public Defender, Denver, for Petitioner.

John W. Suthers, Acting Attorney General, F. Michael Goodbee, Assistant Attorney General, Criminal Justice Section, Appellate Division, Denver, for Respondent.

RICE, Justice.

We granted certiorari in this case to determine whether a sentence with an illegal parole term but a legal term of years triggers the motion filing deadline for postconviction reduction of sentence pursuant to Crim. P. 35(b). The court of appeals held in People v. Delgado, 83 P.3d 1144, 1146 (Colo.App.2003), that the illegal mandatory parole portion of Defendant Jorge Delgado's sentence was distinct and severable...

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