FERNANDEZ v. PEOPLE

No. 24060.

490 P.2d 690 (1971)

Joe D. FERNANDEZ, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

November 15, 1971.


Attorney(s) appearing for the Case

Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave, Deputy State Public Defender, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Aurel M. Kelly, Asst. Atty. Gen., Denver, for defendant in error.


PRINGLE, Chief Justice.

Joe D. Fernandez, defendant below, hereinafter referred to as plaintiff in error or by name, was convicted of the crime of robbery and sentenced to the penitentiary. The record discloses the following facts leading to his conviction:

On the night of May 10, 1968, and the early morning hours of May 11, 1968, one Harry T. Lucero, while at an after hours club met a young lady named Andrea and her two male companions, one of whom is plaintiff...

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