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JOHNSON v. GUNTER

No. 92SA327.

852 P.2d 1263 (1993)

Wilbert JOHNSON, Plaintiff-Appellant, v. Frank GUNTER, Director of Department of Corrections, and, Mark McKinna, Superintendent of Limon Correctional Facility, P.O. Box 10,000, Limon, Colorado 80826, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 14, 1993.

Attorney(s) appearing for the Case

Wilbert Johnson, pro se.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, John J. Krause, Asst. Attys. Gen., Crim. Enforcement Section, Denver, for defendants-appellees.

Justice ERICKSON delivered the Opinion of the Court.

Wilbert Johnson, appearing pro se, appeals from an order of the Lincoln County District Court denying his petition for habeas corpus relief which sought release from confinement on the basis that his 1985 conviction as an habitual criminal is void. Johnson, who is incarcerated in the Limon Correctional Facility in Lincoln County, asserts that the district court...

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