People v. McAfee
Colorado Court of Appeals
1Opinion of the Court
Opinion by
Judge DAILEY.
Defendant, William Wakefield McAfee, appeals the trial court's order denying his Crim. P. 35 motion. We affirm in part, vacate in part, and remand for resentencing.
I
Initially, we note that we had previously disposed of defendant's appeal here by affirming, in toto, the trial court's order, and that the supreme court denied certiorari review of that decision. See People v. McAfee, (Colo.App. No. 04CA1480, Mar. 16, 2006)(not published pursuant to C.A.R. 85(f))(cert. denied Oct. 2, 2006).
Of significance here, however, is the fact that, following the expiration of the…
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