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ROBERTS v. PEOPLE

No. 22764.

453 P.2d 793 (1969)

Harry ROBERTS, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied May 26, 1969.

Attorney(s) appearing for the Case

Frank J. Anesi, Durango, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., George E. DeRoos, Asst. Atty. Gen., Denver, for defendant in error.

GROVES, Justice.

This is a proceeding under Colo.R.Crim. P. 35(b) involving a request for post conviction relief. In Roberts v. People, 158 Colo. 76, 404 P.2d 848, we remanded this matter for a hearing, which has now been held before a judge who had not previously participated in the case. The requested relief was denied and the petitioner, Harry Roberts, is here again on writ of error.

On May 15, 1961 petitioner was charged...

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