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LAMB v. PEOPLE

No. 23713.

484 P.2d 798 (1971)

James Dale LAMB, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

May 10, 1971.

Attorney(s) appearing for the Case

Edward H. Sherman, Truman E. Coles, Public Defenders, David A. Fogel, Deputy Public Defender, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Michael T. Haley, Asst. Atty. Gen., Denver, for defendant in error.

HODGES, Justice.

By writ of error, defendant Lamb alleges the trial court erroneously denied his motion under Crim.P. 35(b) for post conviction relief. We do not agree and therefore affirm the judgment of the trial court.

Defendant's 35(b) motion essentially claims a constitutional violation by the trial court when it permitted him to withdraw his previously entered pleas of not guilty and not guilty by reason of insanity

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