People v. Calderon

Opinion by Judge STERNBERG **

Defendant, Leroy Martinez Calderon, appeals from the trial court order denying his motion for post-conviction relief pursuant to Crim. P. 35(c). We vacate the order and remand for further proceedings.

Pursuant to a plea agreement, defendant pleaded guilty to menacing with a deadly weapon (a class five felony), possession of a weapon by a previous offender (a class five felony), and third degree assault (a class one misdemeanor). In exchange for his guilty plea, the trial court dismissed the remaining charge on the prosecutor’s motion. The parties stipulated that…