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PEOPLE v. HERRERA

No. 25727.

516 P.2d 626 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Manuel HERRERA, Defendant-Appellant and seven consolidated cases.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 10, 1973.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Aurel M. Kelly, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave III, T. Michael Dutton, Lee Belstock, Deputy State Public Defenders, Denver, Darol C. Biddle, Deputy State Public Defender, Pueblo, Kenneth J. Russell, Deputy State Public Defender, Denver, Roger A. Klein, Deputy State Public Defender, Greeley, Richard C. Webster, Deputy State Public Defender, Colorado Springs, Dorian E. Welch, Deputy State Public Defender, Denver, for defendants-appellants.

LEE, Justice.

In these eight cases, consolidated for appeal, appellants seek post-conviction review of their sentences, under 1971 Perm.Supp., C.R.S.1963, 40-1-101 et seq. Section 40-1-510(1) (f), as amended, authorizes postconviction review where it is alleged:

"That there has been a significant change in the law, applied to applicant's conviction or sentence, allowing in the interest of justice retroactive application of the changed legal standard...

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