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State Courts -
Colorado - April 11, 2002
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People v. Fernandez, Court of Appeals No. 01CA0592,
COURT OF APPEALS OF COLORADO, DIVISION THREE, April 11, 2002, Decided
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Overview: Trial court, in determining that defendant was not entitled to a new trial based on newly discovered evidence, did not err declining to hold hearing on motion and in relying on information in motion, record, and files in making its decision.
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People v. Gardner, Court of Appeals No. 01CA0282,
COURT OF APPEALS OF COLORADO, DIVISION THREE, April 11, 2002, Decided
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Overview: Defendant, who was convicted of retaliation against a witness, was on probation at the time of the offense, which dictated that, at a minimum, she receive a 10-year sentence. The State's sentencing scheme, as applied, was not unconstitutional.
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