VIGIL v. PEOPLE

No. 23943.

484 P.2d 105 (1971)

Richard Anthony VIGIL, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

May 3, 1971.


Attorney(s) appearing for the Case

Truman E. Coles, Public Defender, Earl S. Wylder, Asst. Public Defender, Denver, for plaintiff in error.

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


LAWRENCE THULEMEYER, District Judge.*

Vigil, hereinafter referred to as defendant, filed his motion in the trial court under Rule 35(b) of the Colorado Rules of Criminal Procedure, seeking an order vacating judgment and sentence and discharging the defendant from illegal incarceration. As grounds for the motion, he alleged that he was sixteen years of age at the time of arraignment, was not represented by counsel, and entered a guilty...

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