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BRECKENRIDGE v. PATTERSON

No. 9093.

374 F.2d 857 (1967)

James V. BRECKENRIDGE, Appellant, v. Wayne K. PATTERSON, Warden, Colorado State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

March 9, 1967.

Attorney(s) appearing for the Case

W. Allen Spurgeon, Colorado Springs, Colo., for appellant.

John P. Moore, Asst. Atty. Gen., Denver, Colo. (Duke W. Dunbar, Atty. Gen., and Frank E. Hickey, Deputy Atty. Gen., Denver, Colo., with him on brief), for appellee.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

Appellant pled guilty to a charge of burglary and was sentenced by the County Court of Clear Creek County, Colorado, to a term of eight to ten years. Subsequently, he filed a petition in the District Court of Clear Creek County under Rule 35(b), Colo.R.Crim.P., to vacate the sentence on the grounds the County Court was without jurisdiction in felony cases. The sentence was vacated and appellant, after requesting leave to change his plea, was...

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