People v. Battle

PIERCE, Judge.

Defendant, Timothy Battle, appeals the denial of a motion denominated a petition for writ of habeas corpus in. which he requested withdrawal of a detainer lodged against him. We are without jurisdiction to entertain appeals from writs of habeas corpus. Section 13-4-102(l)(e), C.R.S. However, because of the relief requested, we conclude that defendant’s petition is, in fact, a motion provided for by Crim.P. 35(c). We reverse.

In October 1982, defendant was convicted of third degree assault, a class one misdemeanor, and was sentenced to two years in the county jail. Subsequently,…