HYDE v. HINTON

No. 25685.

505 P.2d 376 (1973)

Earl Albert HYDE, Petitioner, v. Patrick M. HINTON, District Judge, El Paso County, Colorado, Respondent.

Supreme Court of Colorado, En Banc.

January 22, 1973.


Attorney(s) appearing for the Case

Earl Albert Hyde, pro se.

Robert L. Russel, Dist. Atty., John T. Riggs, Deputy Dist. Atty., Colorado Springs, for respondent.


PRINGLE, Chief Justice.

Petitioner, Earl Albert Hyde, plead guilty to both counts of an information charging sales of a narcotic drug. Thereafter, he was sentenced to terms of 6 to 12 years in the penitentiary on each count, the sentences to run concurrently. After serving approximately one year of his sentence, petitioner filed a motion in the trial court under Crim.P. 35(b) seeking to set aside the sentences and to permit him to withdraw his plea of guilty.

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