Supreme Court of Colorado January 31, 1972, 25311 (People v. Emig)

MR. CHIEF JUSTICE PRINGLE

delivered the opinion of the Court.

This appeal comes to us pursuant to denial of defendant’s Rule 35(b) motion by the trial court. The defendant, Donald George Emig, contends that he is entitled to a Rule 35(b) order either vacating his sentence or correcting it because (1) the trial court changed his original sentence

sua sponte

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without notice to him, out of his