Moore v. People

Opinion by

Marvin W. Foote, District Judge. *

Plaintiff in error, defendant below, was convicted of aggravated robbery in the District Court of El Paso county. We reviewed and affirmed the judgment and sentence in Moore v. People, 164 Colo. 222, 434 P.2d 132 (1967). Defendant, thereafter, filed a motion to vacate the sentence under Crim. P. 35(b). The motion was denied without any evidentiary hearing. He then filed a petition for rehearing, which also was denied by the trial court.

Defendant contends that his motion to vacate sentence under Rule 35(b) raised issues that could only be resolved by…