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PEOPLE v. BENNS

Nos. 80CA0380, 80CA0750.

641 P.2d 298 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David Lee BENNS, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 17, 1981.

Certiorari Denied February 16, 1982.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Nathan B. Coats, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Barbara S. Blackman, Deputy State Public Defender, Denver, Kenneth M. Plotz, Deputy State Public Defender, Salida, for defendant-appellant.

KELLY, Judge.

The defendant, David Benns, was adjudicated not guilty by reason of insanity in 1972, and was convicted of escape in 1975 and escape and sexual assault in 1977 following a plea of guilty in each case. In 1980, defendant filed separate motions to set aside these convictions, alleging that because of his adjudication of insanity in 1972, he was "legally incapacitated" to enter a guilty plea and the trial court could accept only a plea of not guilty by...

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