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WIXSON v. PEOPLE

No. 24216.

487 P.2d 809 (1971)

Harlan D. WIXSON, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

August 9, 1971.

Attorney(s) appearing for the Case

Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Kenneth J. Russell, Deputy State Public Defender, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for defendant in error.

PRINGLE, Chief Justice.

This appeal is taken from a denial of defendant's motion to dismiss. As this motion was filed after the defendant, Harlan D. Wixson, had pleaded guilty to and was sentenced for the charge involved, the trial court elected to treat the motion as one filed pursuant to Colo.R.Crim.P. 35(b).

On March 13, 1967, the defendant Wixson was charged with the crime of forgery in the Denver District Court. At the time of the filing he was in a California...

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