Opinion
No. 21586.
Decided January 30, 1967.
Defendant was convicted of burglary. From a denial of his motion for post conviction relief, defendant brought error.
Affirmed.
1. BURGLARY — Post Conviction Relief — Plea — Duress — Hearing — Voluntary — Understanding. Where defendant filed motion under Colo. R. Crim. P. 35(b) alleging that his plea of guilty to burglary charge was made under duress and was not inquired into sufficiently by court before accepting it, held, record reveals that at extensive evidentiary hearing before another judge an abundance of evidence was adduced to support findings of court that defendant did, in fact, voluntarily and with understanding of nature of charge, enter plea of guilty to that charge.
Error to the District Court of Boulder County, Honorable Dale E. Shannon, Judge.
Clayton N. Johnson, William D. Neighbors, for plaintiff in error.
Duke W. Dunbar, Attorney General, Frank E. Hickey, Deputy, George E. DeRoos, Assistant, for defendant in error.
Victor Van Buren Estill was accused of the crime of burglary. The information was amended to include the charge of conspiracy and prior convictions under the habitual criminal act. He entered a plea of guilty to the burglary charge and thereupon the other charges against him were dismissed. On December 18, 1961, he was sentenced to "not less than six nor more than ten years" in the state penitentiary.
On January 22, 1964, he filed a motion under Colo. R. Crim. P. 35(b) in which he alleged that the plea of guilty which was entered by him was made under duress and that the trial court did not inquire sufficiently as to his understanding of the nature of the charge before accepting the guilty plea. An extensive evidentiary hearing on the motion was held before a judge other than the one who had accepted the guilty plea. At this hearing there was an abundance of evidence adduced to support the findings of the court to the effect that Estill did, in fact, voluntarily and without being coerced, and also understanding the nature of the charge of burglary, enter the plea of guilty to that charge.
The judgment is affirmed.