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PEOPLE v. CUMBY

No. 24832.

495 P.2d 223 (1972)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Fletcher B. CUMBY, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

March 27, 1972.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Eugene C. Cavaliere, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Vincent Cristiano, Denver, for defendant-appellant.

KELLEY, Justice.

Fletcher B. Cumby, the defendant, pled guilty to first-degree murder on October 27, 1969, and was sentenced to life imprisonment. Mr. Cumby now seeks to vacate that plea and reinstate his "not guilty" plea on grounds that his "guilty" plea was not voluntarily and understandingly entered and on the further ground that the court which took his plea failed to comply with the mandatory requirements of Crim.P. 11(c). The Attorney General has confessed...

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