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MARTINEZ v. TINSLEY

No. 21666.

405 P.2d 943 (1965)

Albert E. MARTINEZ, Jr., Plaintiff in Error, v. Harry C. TINSLEY, Warden, Colorado State Penitentiary, Defendant in Error.

Supreme Court of Colorado, En Banc.

September 27, 1965.

Attorney(s) appearing for the Case

Albert E. Martinez, Jr., pro se.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John P. Moore, Asst. Atty. Gen., George H. Sibley, Sp. Asst. Atty. Gen., Denver, for defendant in error.

McWILLIAMS, Justice.

In the district court for the County of Pueblo Martinez filed a petition for a writ in the nature of habeas corpus, alleging that he was then imprisoned in the state penitentiary and was being unlawfully restrained of his liberty by the respondent. In this petition Martinez alleged that he was incarcerated in the state penitentiary and was then serving a ten to twenty year sentence which was based upon his plea of guilty to a charge of aggravated...

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