Hubbard v. Wilson

MEMORANDUM OPINION AND ORDER

SHERMAN G. FINESILVER, District Judge.

In this habeas corpus action petitioner seeks to void his present thirty to forty year state imprisonment on the grounds that he is being held in penal custody unlawfully and in violation of the United States Constitution.

I

Following a jury trial in 1972, petitioner was convicted in the District Court of Denver of aggravated robbery and conspiracy to commit robbery. Petitioner was sentenced to concurrent thirty to forty year sentences for robbery and concurrent one to ten year sentences for conspiracy. The Colorado Supreme Court…