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PEOPLE v. GANTNER

No. 23807.

476 P.2d 998 (1970)

The PEOPLE of the State of Colorado, Plaintiff in Error, v. Lawrence H. GANTNER, Defendant in Error.

Supreme Court of Colorado, In Department.

November 2, 1970.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., James D. McKevitt, Dist. Atty., James W. Creamer, Sr., Chief Deputy Dist. Atty., Patricia W. Brittain, Deputy Dist. Atty., Gregory A. Mueller, Asst. Dist. Atty., Denver, for plaintiff in error.

Douglas G. McKinnon, Denver, for defendant in error.

PRINGLE, Justice.

Gantner was charged with a crime in an information filed May 22, 1967. He originally plead not guilty, but on October 18, 1967, he tendered a plea of nolo contendere. The trial court rejected this plea whereupon Gantner plead guilty. His application for probation was denied, and Gantner began serving his sentence on December 1, 1967. On April 17, 1968, he filed a motion pursuant to Colo.R.Crim.P. 35(b), contending that his guilty plea was...

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