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GRAHAM v. GUNTER

No. 92SA379.

855 P.2d 1384 (1993)

Harold GRAHAM, 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.

July 26, 1993.

Attorney(s) appearing for the Case

Harold Graham, pro se.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul Farley, Deputy Atty. Gen., John August Lizza, First Asst. Atty. Gen., Denver, for defendants-appellees.

Justice ERICKSON delivered the Opinion of the Court.

Harold Graham, appearing pro se, appeals from an order of the Lincoln County District Court dismissing his petition for habeas corpus relief. The district court dismissed Graham's petition because the issues raised in the habeas petition should have been raised on appeal. We reverse and remand with directions to convert Graham's habeas petition to a Crim.P. 35(c) motion and transfer venue to the sentencing...

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