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HOOKER v. PEOPLE

No. 23447.

477 P.2d 376 (1970)

Stanley R. HOOKER, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

November 30, 1970.

Attorney(s) appearing for the Case

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

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

HODGES, Justice.

On the authority of Hackett v. People, 158 Colo. 304, 406 P.2d 331, the trial court summarily denied Stanley R. Hooker's motion for post conviction relief [Crim.P. 35(b)] from a penitentiary sentence fully served. Hackett holds that 35(b) relief is unavailable to a petitioner who is not in custody under sentence pursuant to a conviction which he seeks to vacate.

Counsel, who was appointed by the trial...

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