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PEOPLE v. NEWMILLER

Court of Appeals No. 10CA2139.

338 P.3d 459 (2014)

2014 COA 84

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Todd William NEWMILLER, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Announced July 3, 2014.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Patricia R. Van Horn , Senior Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee

Douglas K. Wilson , Colorado State Public Defender, Andrew C. Heher , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant

Opinion by JUDGE BERGER

¶ 1 Defendant, Todd William Newmiller, appeals the district court's order denying his Crim. P. 35(c) motion for postconviction relief. We affirm.

I. Background

A. Facts

¶ 2 Defendant, his brother, and their friends, Brad Orgill, Jason Melick, and Michael Lee, went to a strip club in Colorado Springs to celebrate defendant's birthday. When the group was leaving the club, they had an altercation...

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