People v. Velarde

Eugene Velarde was convicted by a jury of aggravated robbery and conspiracy, and his conviction was affirmed by this court in People v. Velarde, 196 Colo. 254, 586 P.2d 6 (1978). Velarde then filed a Crim. P. 35(b) motion to vacate his sentence. The motion was denied by the district court and Velarde has appealed from that ruling.

Velarde alleges that, as an atheist, his constitutional right to a fair and impartial jury and to due process of law was denied when the district court failed to inquire into the religious affiliations and beliefs of the prospective jurors at his trial, and when the…