ROBERTS v. PEOPLE

No. 21396.

404 P.2d 848 (1965)

Harry ROBERTS, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

August 23, 1965.


Attorney(s) appearing for the Case

R. Franklin McKelvey, LaVerne H. McKelvey, Durango, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., George E. DeRoos, Asst. Atty. Gen., Denver, for defendant in error.


PRINGLE, Chief Justice.

The plaintiff in error, who will hereinafter be designated as Roberts, filed a motion in the trial court under Rule 35(b), Colo.R.Crim.P., in which he sought to vacate a sentence of ninety-nine years to life which the court imposed upon him after he had pled guilty to the charge of murder in the second degree.

In his motion Roberts alleged with great particularity of detail that his plea of guilty was entered pursuant to a promise made...

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