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BURMAN v. PEOPLE

No. 23369.

472 P.2d 121 (1970)

Theodore F. BURMAN, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

July 13, 1970.

Attorney(s) appearing for the Case

Chris J. Diamond, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., James F. Pamp, Asst. Atty. Gen., Denver, for defendant in error.

GROVES, Justice.

This is a proceeding under Colo.R.Crim.P. 35(b). The district court denied the requested relief. We reverse.

On December 29, 1959, the defendant and two others robbed a person of approximately $150. During the robbery the defendant was holding an unloaded sawed-off shotgun. The defendant and his associates were charged with aggravated robbery. Without having any contact with an attorney, the three were arraigned on January 6, 1960, and each...

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