Hammons v. People

Hammons was convicted of breaking and entering a motor vehicle with the intent to commit larceny therein, as such offense is defined in C.R.S. ’53, 40-5-11(1), and was sentenced to a term of from one to three years in the State Penitentiary. This sentence was later suspended by the trial judge and Hammons was then granted probation.

By writ of error Hammons sought and obtained a review by this Court of the foregoing judgment and sentence. See Hammons v. People, 153 Colo. 193, 385 P.2d 592, where the judgment and sentence was affirmed.

Thereafter, pursuant to Rule 35 (b), Colo. R. Crim. P.,…