PEOPLE v. STEWART

No. 91CA1370.

849 P.2d 867 (1992)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Devon STEWART, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 22, 1992.

Certiorari Denied March 22, 1993.


Attorney(s) appearing for the Case

Norman S. Early, Jr., Dist. Atty., John W. Madden, IV, Deputy Dist. Atty., Denver, for plaintiff-appellant.

David F. Vela, State Public Defender, Patrick J. Mulligan, Andrew C. Heher, Deputy State Public Defenders, Denver, for defendant-appellee.


Opinion by Judge VAN CISE*.

The People appeal from the trial court order granting defendant's Crim.P. 35(b) motion for sentence reduction. We vacate the order and remand the cause with directions.

The prosecution asserts that the trial court erred in granting the motion, arguing that it did not have jurisdiction to rule on the motion and that the it could not grant the motion without a hearing. We conclude that, because of the...

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