People v. Tafoya

Opinion by

Judge MARQUEZ.

Defendant, Henry Tafoya, appeals from the trial court’s order denying his Crim.P. 35(c) motion challenging his 1971 conviction of second degree burglary in El Paso County, Colorado. (District Court Case No. 71CR15355). We affirm.

In 1971, defendant and his brother were charged with second degree burglary of a gas station. During a recess in a jury trial on those charges, near the end of the prosecution’s case, both defendants left the courtroom and did not reappear. After approximately 4½ hours, following unsuccessful efforts to locate the defendants, the trial court…