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eBook details

• Title: Moland V. People
• Author : Colorado Supreme Court
• Release Date : January 06, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Following a jury trial in 1975, the Denver District Court entered judgment convicting the defendant, Gerald Reed Moland, of robbery and conspiracy to commit robbery. Seven years later, after he had served the sentences imposed, the defendant filed a motion under Crim. P. 35(c) seeking to vacate the judgment of conviction. The trial court held a hearing and thereafter denied the motion. The Colorado Court of Appeals, in an unpublished opinion, reversed the trial court's ruling because of lack of sufficient findings and conclusions, and remanded the case for further proceedings. Following a rehearing, the trial court again denied the motion, holding, among other things, that the defendant had not demonstrated a present need for post-conviction relief. The defendant again appealed to the court of appeals. The court held that while present need for post-conviction relief had existed at the time the defendant originally filed his motion, the defendant's motion had become moot because the need had dissipated. The court of appeals accordingly dismissed the appeal. The defendant then sought review by writ of certiorari to this court. We granted certiorari and now reverse the judgment of the court of appeals.

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