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PEOPLE v. RINEY

No. 25109.

489 P.2d 1304 (1971)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Dennis E. RINEY, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

November 1, 1971.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Richard G. McManus, Jr., Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.

PRINGLE, Chief Justice.

Defendant Riney was charged with the crime of robbery and pleaded guilty to a charge which contained an allegation that, in the vernacular, constituted the crime of "aggravated" robbery. Thereafter, he filed a motion under Crim.P. 35(b). He alleged that he did not understand the nature of the charge when he pleaded guilty, and he testified at the evidentiary hearing that he did not know the difference between "simple" robbery and "aggravated...

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