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MACIEL v. PEOPLE

No. 24432.

469 P.2d 135 (1970)

Benjamin MACIEL, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

May 18, 1970.

Attorney(s) appearing for the Case

Benjamin Maciel, pro se.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Robert L. Hoecker, Asst. Atty. Gen., Denver, for defendant in error.

KELLEY, Justice.

The defendant is here, pro se, on a writ of error to the District Court of Pueblo County, questioning the constitutionality of the trial court's denial of his motion under Crim.P. 35(a). Rule 35(a) authorizes the court to "correct an illegal sentence at any time."

The sole question to be decided on this review, as stated in defendant's brief, is:

"Is the period defendant was confined in jail prior to conviction and sentence a period...

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