No. 80CA0373.

632 P.2d 1038 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Daniel Pierre BOIVIN, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 9, 1981.

Certiorari Granted August 10, 1981.

Attorney(s) appearing for the Case

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

Terry L. Perlet, Colorado Springs, for defendant-appellant.

BERMAN, Judge.

Defendant (movant) asks this Court for leave to file out of time a notice of appeal from his conviction of aggravated robbery. The record reveals that the conviction in question occurred on June 28, 1976. In a Crim.P. 35(b) motion for post-conviction relief, filed March 21, 1980,1 movant sought the trial court's leave to file out of time a notice of appeal. This motion was premised, inter alia, upon the trial court...

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