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PEOPLE v. LYONS

No. 79CA0011.

618 P.2d 673 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joseph Carl LYONS, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 10, 1980.

Certiorari Denied October 27, 1980.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., David K. Rees, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colo. State Public Defender, Terri L. Brake, Deputy State Public Defender, Denver, for defendant-appellant.

KIRSHBAUM, Judge.

On May 19, 1972, the district court sentenced defendant to the penitentiary for an indeterminate term of one day to life under the Sex Offenders Act. Defendant did not appeal that sentence. On September 2, 1976, defendant filed a pro se motion to set aside and vacate the sentence pursuant to Crim.P. 35(b). The district court denied that motion, and the Colorado Supreme Court affirmed that decision on October 23, 1978. On November 15, 1978...

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