People v. Diaz

Opinion by

Judge VOGT.

Defendant, Fred Diaz, appeals the trial court’s order denying his Crim. P. 35(c) motion for postconviction relief. We affirm.

Defendant was convicted of second degree assault and reckless endangerment following an altercation with law enforcement officials. On appeal, a division of this court affirmed defendant’s conviction but declined to address his constitutional challenges to § 13-90-101, G.R.S.1998, because they had not been raised in the trial court. People v. Diaz (Colo.App. No. 95CA1182, May 22, 1997)(not selected for official publication).

Defendant thereafter…