People v. Hill

Joe Hill filed a Crim. P. 35(b) motion seeking to vacate multiple convictions and sentences and to obtain a new trial. He claims, in his post-conviction motion, that he was denied his constitutional right to a fair trial because of improper jury instructions. Colo. Const, art. II, § 25. The trial court denied relief on the ground that the asserted errors, while sufficient as a basis for reversal, did not amount to a deprivation of constitutional rights upon which a Crim. P. 35(b) motion could be predicated. Hill appealed, and we now reverse and remand with directions that the defendant be…