PEOPLE v. BACA

No. 24938.

499 P.2d 317 (1972)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Dennis Tony BACA, Defendant-Appellant.

Supreme Court of Colorado, In Department.

Rehearing Denied August 8, 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.

Harry K. Nier, Jr., Denver, for defendant-appellant.


GROVES, Justice.

This is a Crim.P. 35 proceeding.

The defendant was charged originally with attempted second-degree burglary, a felony. Later, a misdemeanor charge of accessory after the fact to attempted second-degree burglary was filed against him. He offered a plea of nolo contendere to the misdemeanor charge. This was accepted, and the charge of attempted burglary was dismissed.

At the time the defendant tendered his plea, the court advised...

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