James v. Breckenridge v. Wayne K. Patterson, Warden, Colorado State Penitentiary

HICKEY, Circuit Judge.

Appellant pled guilty to a charge of burglary and was sentenced by the County Court of Clear Creek County, Colorado, to a term of eight to ten years. Subsequently, he filed a petition in the District Court of Clear Creek County under Rule 35(b), Colo.R.Crim.P., to vacate the sentence on the grounds the County Court was without jurisdiction in felony cases. The sentence was vacated and appellant, after requesting leave to change his plea, was sentenced to a term of three to five years. No appeal was perfected. 1

Thereafter petitions for habeas corpus were denied by the…