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PEOPLE v. HUBBARD

No. 25800.

519 P.2d 945 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Lloyd Earl HUBBARD, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 25, 1974.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., David A. Sorenson, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Harold A. Haddon, Thomas M. Van Cleave III, Deputy State Public Defenders, Denver, for defendant-appellant.

ERICKSON, Justice.

We are called upon in this appeal to provide standards to guide a trial court in deciding whether to grant a hearing to review allegations set forth in successive Crim.P. 35(b) motions for post-conviction relief.

The trial court ruled that the violations of constitutional rights which were alleged in Hubbard's sixth motion for post-conviction relief were part of five previous Crim.P. 35(b) motions...

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