PEOPLE v. POZO

No. 85SC319.

746 P.2d 523 (1987)

The PEOPLE of the State of Colorado, Petitioner, v. Jose Borcella POZO, Respondent.

Supreme Court of Colorado, En banc.

Rehearing Denied December 21, 1987.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Cynthia Jones, Asst. Atty. Gen., Denver, for petitioner.

Ken Stern, Denver, for respondent.

Richard A. Hostetler, Denver, for amicus curiae American Civil Liberties Union.

Ann Allott, Lorna Rogers Burgess, Dan Kowalski, Littleton, for amicus curiae American Immigration Lawyers Assn.

Larry Pozner & Associates, P.C., Shelley Gilman, Denver, for amicus curiae Colorado Criminal Defense Bar.

David F. Vela, Colorado State Public Defender, Douglas D. Barnes, Deputy State Public Defender, Denver, for amicus curiae Colorado State Public Defender's Office.


KIRSHBAUM, Justice.

In People v. Pozo, 712 P.2d 1044 (Colo. App.1985), the Court of Appeals reversed and remanded an Arapahoe County District Court order denying two motions to withdraw guilty pleas filed by the respondent, Jose Borcella Pozo, under Crim.P. 35(c). The Court of Appeals held that Pozo received ineffective assistance of counsel at the time he entered the pleas because his attorney did not inform him of the possible...

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