LUCERO v. PEOPLE

No. 23659.

476 P.2d 257 (1970)

Frank Bernard LUCERO, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

November 2, 1970.


Attorney(s) appearing for the Case

Rollie Rogers, Public Defender, Edward H. Sherman, Public Defender, Edward L. Kirkwood, Thomas Van Cleave, III, Asst. Public Defenders, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., James F. Pamp, Aurel Kelly, Asst. Atty. Gen., Denver, for defendant in error.


PRINGLE, Justice.

Lucero was convicted in 1965 of aggravated robbery and conspiracy to commit robbery. The information contained allegations of intent to kill, wound or maim if resisted, as provided in C.R.S.1963, 40-5-1. The jury found Lucero guilty of "aggravated robbery, as charged in the first count of the Information." Lucero brought a writ of error from that conviction to this court claiming he had been denied a speedy trial and that he was entitled to instructions...

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