Wiggins v. People

The petitioner was convicted of first-degree murder. Subsequent to his conviction, he filed a Crim. P. 35(b) motion for postconviction relief, which was denied by the trial court. An appeal was taken to the court of appeals, which affirmed the trial court’s ruling on December 13, 1979. The time for filing a petition for rehearing under C.A.R. 40(a) expired, and the mandate of the court was issued. Shortly thereafter, the petitioner filed a “Motion for Extension of Time and Recall of Mandate” together with an untimely petition for rehearing. The motion was denied, and the petition was not…