MacIel v. People

The defendant is here, pro se, on a writ of error to the District Court of Pueblo County, questioning the constitutionality of the trial court’s denial of his motion under Crim. P. 35(a). Rule 35(a) authorizes the court to “correct an illegal sentence at any time.”

The sole question to be decided on this review as stated in defendant’s brief, is:

“IS THE PERIOD DEFENDANT WAS CONFINED IN JAIL PRIOR TO CONVICTION AND SENTENCE A PERIOD OF 'INVOLUNTARY SERVITUDE’ IN ABROGATION OF ARTICLE 2, SECTION 26, CONSTITUTION OF COLORADO AND OF THE DUE PROCESS OF LAW CLAUSE, 14th AMENDMENT, UNITED STATES…