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KODAMA v. JOHNSON

No. 89SA96.

786 P.2d 417 (1990)

Robert KODAMA, Petitioner-Appellant, v. H.B. JOHNSON, Superintendent, Centennial Corrections Facility, Canon City, Colorado, 81212, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

February 12, 1990.

Attorney(s) appearing for the Case

Robert Kodama, pro se.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Terrence A. Gillespie, Asst. Atty. Gen., Denver, for respondent-appellee.

Justice ERICKSON delivered the Opinion of the Court.

Petitioner-appellant Robert Kodama appeals the trial court order denying his petition for writ of habeas corpus.1 The trial court found that the requested relief was not available in a habeas corpus proceeding, and addressed the petition as an untimely filed motion under C.R.C.P. 106(a)(4). We affirm.

On October 31, 1980, Kodama was convicted on two charges of second-degree burglary...

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