DeBaca v. People

Opinion by

Mr. Justice Hodges.

The plaintiff in error here will be referred to herein as defendant. He was charged with robbery and conspiracy to commit robbery, and after a trial by jury was found guilty of both counts. That judgment was affirmed by this court in DeBaca v. People, 160 Colo. 543, 418 P.2d 286.

Defendant, acting pro se, then filed a petition under Rule 35(b), Colorado Rules of Criminal Procedure, to set aside his conviction, alleging alibi and that the prosecution deliberately withheld testimony favorable and vital to the defense. The trial court without a hearing summarily…