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STROUP v. PEOPLE

Nos. 81SC15, 80SC362.

656 P.2d 680 (1982)

Donald STROUP, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. The PEOPLE of the State of Colorado, Petitioner, v. Donald STROUP, Respondent.

Supreme Court of Colorado, En Banc.

December 27, 1982.

Attorney(s) appearing for the Case

Marks & Olom, Jonathan L. Olom, Denver, for Donald Stroup.

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Maureen Phelan, Asst. Atty. Gen., Denver, for The People of the State of Colorado.

LOHR, Justice.

We granted certiorari to review the judgment of the Colorado Court of Appeals in People v. Stroup, 624 P.2d 913 (Colo.App. 1980), affirming the trial court's denial of the defendant's motions under Crim.P. 35(b) to set aside his conviction for first degree assault. We hold that, as the defendant contends, his constitutional right to the effective assistance of counsel has been violated. Accordingly, we reverse...

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