De Baca v. District Court

The petitioner DeBaca sought a writ of mandamus from this Court requiring respondent, Honorable James C. Flanigan, as a judge of the District Court of the City and County of Denver, to grant him an evidentiary hearing in a post-conviction remedy proceeding. We issued a rule upon the respondent to show cause why such a hearing should not be ordered.

In the trial court, petitioner filed a petition under Colo. R. Crim. P. 35(b) to set aside a sentence imposed upon him for robbery. His conviction had previously been affirmed by this Court in DeBaca v. People, 160 Colo. 543, 418 P.2d 286. In his 35…