Bitner v. Tinsley

Bitner seeks review of an order of the Denver district court denying a writ of habeas corpus. We shall refer to him as petitioner.

It appears that petitioner was charged and pled guilty to two separate informations, one charging simple robbery and the other robbery. He received concurrent but separate sentences of not less than five nor more than fourteen years on two separate dates. Both trial courts considered a probation report before them at the time of sentencing. At both hearings petitioner waived his right to a hearing of evidence in mitigation of the offenses. These waivers were given…