PEOPLE v. MIERA

No. 06CA1284.

183 P.3d 672 (2008)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jose R. MIERA, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 27, 2008.


Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Roger G. Billotte, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Janet T. Kinniry, Gardner, Colorado, for Defendant-Appellant.


Opinion by Judge LOEB.

Defendant, Jose R. Miera, appeals from a trial court order denying his Crim. P. 35(c) motion for postconviction relief. His motion sought relief from the court's judgment of conviction entered upon jury verdicts finding him guilty of multiple counts of sexual assault on a child. He contends he was denied the right to effective assistance of counsel guaranteed by the United States and Colorado Constitutions. We agree and, accordingly, reverse...

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