People v. Wimer

BABCOCK, Judge.

Defendant, Donald Eric Wimer, seeking reversal of a conviction for first degree assault, appeals the trial court’s denial of his Crim.P. 35(c) motion in which he alleges a violation of his constitutional right to effective assistance of counsel. We affirm.

I

We first address the People’s claim that the filing of this motion constitutes an abuse of process and, therefore, its denial must be sustained. We disagree.

Defendant previously attacked his conviction by the filing of a Crim.P. 35(c) motion which challenged the constitutionality of the first degree assault statute. The…