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PEOPLE v. SIMMS

No. 25857.

528 P.2d 228 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. James Edward SIMMS, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

November 18, 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, James F. Dumas, Jr., Chief Deputy State Public Defender, Thomas M. Van Cleave III, Deputy State Public Defender, Denver, for defendant-appellant.

PRINGLE, Chief Justice.

On July 16, 1967, defendant Simms was convicted of two charges of aggravated robbery and sentenced to two consecutive terms in the state penitentiary of 30-40 years each. Later, his sentence was commuted by former Governor Love to concurrent rather than consecutive sentences. In July of 1972, pursuant to 1971 Perm.Supp., C.R.S.1963, 40-1-510(1)(f), Simms filed a pro se motion for post-conviction review of his sentence. He asked that...

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