People v. Herrera

Opinion by

MR. JUSTICE DAY.

The defendants-appellants’ convictions for aggravated robbery and conspiracy to commit the same were affirmed by us in People v. Herrera, 182 Colo. 302, 512 P.2d 1160 (1973). We declined to rule on the issue of claimed lack of effective counsel because it was raised in this court for the first time on that appeal and not in the lower court.

At a subsequent Crim. P. 35(b) hearing on the same issue, the lower court denied appellants’ motions. We reverse and remand for a new trial.

Herrera and Romero had two trials. Both times they were represented by a public defender.…