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PEOPLE v. SIMMS

No. 25375.

523 P.2d 463 (1974)

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

Supreme Court of Colorado, En Banc.

June 17, 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, Colo. 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.

HODGES, Justice.

The defendant, James Edward Simms, was convicted after trial to court of the charge of aggravated robbery. (Case No. 1). Following this conviction, he plead guilty to a second aggravated robbery charge. (Case No. 2). He subsequently filed a motion for vacation of these judgments under Crim.P. 35(b). In this appeal, the defendant challenges the trial court's judgments, which denied his 35(b) motion after a hearing.

The defendant contends that...

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