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PEOPLE v. SMITH

No. 26550.

548 P.2d 603 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Leo SMITH, also known as Elmo Smith, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

April 12, 1976.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., John R. Rodman, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Robert L. Malman, Denver, for defendant-appellant.

ERICKSON, Justice.

Leo Smith filed a motion for relief pursuant to the provisions of Crim.P. 35(a) and (b) to set aside pleas of guilty which he entered to the charge of possession of narcotic drugs (soft sale), 1971 Perm.Supp., C.R.S.1963, 48-5-21,1 and sale of narcotic drugs with intent to induce (hard sale), 1971 Perm.Supp., C.R.S.1963, 48-5-20.2 Two issues are raised in this appeal: (1) whether the trial...

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