PEOPLE v. CAMPBELL

No. 06CA0582.

174 P.3d 860 (2007)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Clyde D. CAMPBELL, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

November 29, 2007.


Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Wendy J. Ritz, First Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Clyde D. Campbell, Pro Se.


Opinion by Judge MÁRQUEZ.

Defendant, Clyde D. Campbell, appeals the trial court order denying his Crim. P. 35(c) motion for postconviction relief. We affirm and remand for further proceedings.

The charges in this case stem from an altercation involving defendant and his then live-in girlfriend (victim). As pertinent here, defendant pointed a gun at the victim and ordered her to undress. The victim responded by saying, effectively, "I'd rather be dead...

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