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PEOPLE v. IVERY

No. 78-1102.

615 P.2d 80 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Merrill Larry IVERY, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

July 24, 1980.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen. John W. Coughlin, James E. Thompson, Designated Counsel, Denver, for plaintiff-appellee.

Cooke, Gilles & Schaefer, Thomas J. Mangan, Denver, for defendant-appellant.

STERNBERG, Judge.

Defendant, Merrill L. Ivery, brings this appeal from the dismissal of his Crim.P. 35(b) motion for post-conviction relief. We reverse and remand for further proceedings.

Ivery was charged by information with second degree burglary, a Class 3 felony, and conspiracy. On the day of the trial, June 15, 1977, he asserted that he was not competent to go to trial and requested a hearing. The trial judge made a preliminary finding of competency but...

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