LaBlanc v. People

There is here involved a writ of error from denial of motions made under Colo. R. Crim. P. 35(b). We affirm.

In two separate cases, involving separate victims, the defendant (plaintiff in error here) was convicted of rape and burglary. These will be referred to as Case A and Case B. Case A was before this court in LaBlanc v. People, 160 Colo. 575, 418 P.2d 888 (1966). Case B is LaBlanc v. People, 161 Colo. 274, 421 P.2d 474 (1966). An affirmance of the denial of the 35(b) motion in Case A is partially dispositive of the denial in Case B. Therefore the principal discussion in this opinion will…