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PEOPLE v. MUNIZ

Nos. 82SA297, 82SA251.

667 P.2d 1377 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Waldo Paul MUNIZ, Defendant-Appellee. The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Thomas Joseph MONTOYA, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

August 22, 1983.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Brian Holland, Deputy State Public Defender, Denver, for defendant-appellee Muniz.

Jeralyn E. Merritt, Denver, for defendant-appellee Montoya.

QUINN, Justice.

In this consolidated appeal1 the People, pursuant to C.A.R. 4(b), appeal from separate judgments entered by the district court in postconviction proceedings under Crim.P. 35. The court vacated the 1964 convictions of two defendants, Waldo Paul Muniz and Thomas Joseph Montoya, resulting from their guilty pleas to the crime of conspiracy to commit burglary. Because the pleas were accepted in contravention of the requirements...

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