PEOPLE v. RUPERT

No. 26098.

523 P.2d 1406 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Harry Eugene RUPERT, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 22, 1974.


Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Tennyson W. Grebenar, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, T. Michael Dutton, Deputy State Public Defender, Denver, for defendant-appellant.


LEE, Justice.

Harry Eugene Rupert 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).

On May 4, 1965, appellant was convicted of kidnapping in violation of C.R.S.1963, 40-2-44, and was sentenced to the state penitentiary. The judgment of conviction was affirmed on writ of error on July 31, 1967.

On July 1, 1972, the Colorado Criminal Code went into effect. By section 40-3...

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