KELLEY, Justice.
Plaintiff in error, Buckles, is here on writ of error to the District Court in and for the City and County of Denver. The trial court summarily denied his motion, under Colo.R.Crim.P. 35(b), to "* * * Vacate and Set Aside the Judgment and discharge the Defendant or grant a new trial." See Buckles v. People, 154 Colo. 357,
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