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PEOPLE v. TRUJILLO

Nos. 26335, 26340.

549 P.2d 1312 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gilbert Joseph TRUJILLO et al., Defendants-Appellants.

Supreme Court of Colorado, In Department.

May 3, 1976.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Thomas J. Tomazin, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, T. Michael Dutton, Deputy State Public Defender, Denver, William D. Harmsen, Deputy State Public Defender, Montrose, for defendants-appellants Gilbert Joseph Trujillo and Pete Joseph Velasquez.

Kreidler, Durham, Rosentrater & Moxley, Edward D. Durham, Montrose, for defendant-appellant William Sacarias Duran.

KELLEY, Justice.

Defendants' sole contention on appeal is that the trial court erred by failing to conduct a hearing before ruling on their Crim.P. 35(b) motion for post-conviction relief. We do not agree, and therefore affirm.

In a joint trial, defendants Trujillo, Velasquez and Duran were convicted of assaulting a peace officer in the performance of his duties in violation of 1967 Perm. Supp., C.R.S.1963, 40-7-54.1 Trujillo was...

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