People v. Valdez

Opinion by

Judge ROTHENBERG.

Defendant, Lloyd Valdez, appealed from the denial of a Crim.P. 35(c) motion to set aside his sentence as an habitual offender. After the appeal had been filed, the defendant died. Citing People v. Lipira, 621 P.2d 1389 (Colo.1980), we issued an order to show cause whether additional relief beyond dismissal of the now moot appeal was appropriate in this situation. Having considered the responses from appellant’s counsel and the People to the order to show cause, we now dismiss the appeal.

In Durham v. United States, 401 U.S. 481, 91 S.Ct. 858, 28 L.Ed.2d 200 (1971),…