Hooker v. People

On the authority of Hackett v. People, 158 Colo. 304, 406 P.2d 331, the trial court summarily denied Stanley R. Hooker’s motion for post conviction relief [Crim. P. 35 (b) ] from a penitentiary sentence fully served. Hackett holds that 35 (b) relief is unavailable to a petitioner who iS not in custody under sentence pursuant to a conviction which he seeks to vacate.

Counsel, who was appointed by the trial court to assist Hooker in prosecuting this writ of error, challenges Hackett as a precedent under the facts of this case. He argues that Hooker, now serving a life sentence in the state of…