People v. Gallegos

The defendant, Richard Gene Gallegos, stands convicted of second-degree'burglary in violation of 1971 Perm. Supp., C.R.S. 1963, 40-4-203. This appeal is premised solely on the trial court’s denial of his motion for new trial based upon newly discovered evidence. Crim. P. 33. We affirm.

The defendant and one Gomez were charged jointly by information, filed December 21, 1972, with the burglary of a liquor store. On February 15, 1973, the court granted Gomez’ motion for severance. Up to this point defendant and Gomez were both represented by Mr. Milburn, who continued as defendant’s attorney…