People v. Mingo

The defendant was convicted in 1966 of grand larceny and of being an habitual criminal. An appeal to this court resulted in affirmance of that judgment, Mingo v. People, 171 Colo. 474, 468 P.2d 849 (1970).

A Motion to Vacate Sentence and Conviction filed pursuant to Crim. P. 35(b) was granted as to the habitual offender conviction and resulted in a re-sentencing. This appeal concerns those portions of defendant’s 35(b) motion which the district court denied: namely, the setting aside of the larceny conviction, and the granting of a new trial. The attorney general confesses error. We agree.

I

The…