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JOHNSON v. PEOPLE

No. 23501.

482 P.2d 105 (1971)

Albert JOHNSON, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

March 15, 1971.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colo. State Public Defender, Truman E. Coles, Asst. State Public Defender, Earl S. Wylder, Deputy State Public Defender, Edward H. Sherman, Public Defender, Edward L. Kirkwood, Asst. Public Defender, Denver, for plaintiff in error.

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

HODGES, Justice.

Defendant Johnson alleged, in his motion under Crim.P. 35(b), that the trial court had exceeded its jurisdiction when it sentenced him to more than fourteen years on the charge of robbery. The trial court summarily denied the motion on the ground that this matter should have been raised on writ of error and is "* * * not subject to review * * *" under Crim.P. 35(b).

Defendant Johnson, and one Charles Wesley Ray, were convicted in 1959 of ...

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