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PEOPLE v. MASAMBA

Nos. 76-312, 76-260.

563 P.2d 382 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Siyani Funsani MASAMBA, formerly known as Freddie Lee Glenn, Jr., Defendant-Appellant. The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Auguster SIMS, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

April 7, 1977.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofksy, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., James S. Russell, J. Stephen Phillips, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Jeffrey I. Tompkins, Gary S. Link, Colorado Springs, for defendant-appellant Siyani Funsani Masamba.

Rollie R. Rogers, State Public Defender, Dorian E. Welch, Deputy State Public Defender, Denver, for defendant appellant Auguster Sims.

RULAND, Judge.

In each of the following cases the People have moved to dismiss the appeal because a motion for new trial was not timely filed. We have consolidated the cases for the purpose of ruling upon the motions. We deny the motion in each case.

In no. 76-312, defendant Masamba was convicted by a jury of first degree murder. The defendant's motion for new trial was not filed until one day after the 30-day extension granted by the trial court had expired...

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