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BRESNAHAN v. DISTRICT COURT OF FIFTH JUDICIAL DIST.

No. 22902.

434 P.2d 419 (1967)

William James BRESNAHAN, Jr., and Edward L. Wood, Esq., as Guardian ad Litem of William James Bresnahan, Jr., Petitioners, v. The DISTRICT COURT OF the FIFTH JUDICIAL DISTRICT and the Honorable William H. Luby, District Judge, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 26, 1967.

Attorney(s) appearing for the Case

Edward L. Wood, John L. Kane, Jr., Denver, for petitioners.

Anthony F. Zarlengo, Denver, John P. Moore, Asst. Atty. Gen., for respondents.

McWILLIAMS, Justice.

Bresnahan, age 16, pled guilty to murder of the first degree in each of two informations filed in the district court presided over by the Honorable William H. Luby. On January 27, 1965 Bresnahan was sentenced to life imprisonment in each case.

Pursuant to Colo.R.Crim.P. 35(b) Bresnahan on April 12, 1966 filed with the court a motion to vacate the aforementioned judgments and sentences. Contained...

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