Legal Opinion

People v. White

Colorado Court of Appeals

Decided February 22, 2007No. 04CA0509PublishedCited by 12 opinions

1Opinion of the Court

Opinion by

Judge RUSSEL.

Defendant, Darryl White, appeals from the trial court’s order granting the People’s Crim. P. 35(a) motion. We affirm.

I. Introduction

This case presents a question about post-conviction procedure.

In response to a Crim. P. 35(a) motion filed by the prosecution, the trial court changed defendant’s sentence to conform to the law set forth in People v. Luther, 58 P.3d 1013 (Colo.2002) (Luther II), an opinion that overruled a decision by a division of this court. See People v. Luther, 43 P.3d 660 (Colo.App.2001) (Luther I). The Luther case involved a nettlesome issue of…

2Cases cited25 opinions

  1. Bouie v. City of ColumbiaSupreme Court of the United States · 1964
  2. Rivers v. Roadway Express, Inc.Supreme Court of the United States · 1994
  3. William Smith v. Secretary of New Mexico Department of Corrections Derald Kerby, Warden, Central New Mexico Correctional FacilityCourt of Appeals for the Tenth Circuit · 1995
  4. Hill v. DeWittSupreme Court of Colorado · 2002
  5. People v. LutherSupreme Court of Colorado · 2002

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3Cited by12 opinions

  1. William J. Hunsaker, Jr. v. The People of the State of ColoradoSupreme Court of Colorado · 2021
  2. People v. TolbertColorado Court of Appeals · 2007
  3. People v. BoydColorado Court of Appeals · 2015
  4. People v. WatkinsColorado Court of Appeals · 2012
  5. v. KnoeppchenColorado Court of Appeals · 2019

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