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PEOPLE v. VALDEZ

No. 06CA0103.

178 P.3d 1269 (2007)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Thomas T. VALDEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied February 8, 2008.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Matthew D. Grove, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Gregory R. Stross, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge BERNARD.

Defendant, Thomas T. Valdez, appeals the order denying his Crim. P. 35 request for postconviction relief from his convictions and sentence. We vacate the order and remand for further proceedings.

I. Introduction

This case presents the following issues surrounding the application of the doctrine of laches to postconviction proceedings.

• Can the doctrine of laches bar Crim. P. 35(c) claims that were timely...

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