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PEOPLE v. FULMER

No. 26187.

524 P.2d 606 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Calvin Forrest FULMER, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

July 15, 1974.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., James S. Russell, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Lee Belstock, Deputy State Public Defender, Denver, for defendant-appellant.

LEE, Justice.

Calvin Forrest Fulmer appeals the denial of his motion for post-conviction review of sentence pursuant to 1971 Perm.Supp., C.R.S. 1963, 40-1-510(1)(f).

Appellant was charged with first-degree murder under C.R.S. 1963, 40-2-3. On November 12, 1968, he entered a plea of guilty to second-degree murder and on December 11, 1968, he was sentenced to serve a term in the state penitentiary of not less than fifty-five nor more than sixty-five years. No...

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