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PEOPLE v. HEATH

No. 25880.

516 P.2d 119 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. James C. HEATH, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

November 26, 1973.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy Public Defender, Dorian E. Welch, Deputy State Public Defender, Denver, for defendant-appellant.

DAY, Justice.

This is an appeal from an order entered in the Pueblo County district court denying appellant postconviction relief. Crim.P. 35(b). We reverse and remand for an evidentiary hearing.

This issue framed in the trial court was on the allegation that when appellant entered a plea of guilty to the charge of assault with the intent to rob he was not made aware of the elements of assault and did not have knowledge thereof. C.R.S. 1963, 40-2-33; Crim...

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