Debaca v. Trujillo

Plaintiff in error will be referred to as the defendant. He was convicted of robbery and conspiracy to commit robbery and sentenced to a term in the state penitentiary. The judgments of guilt on these charges were reviewed by this court and affirmed on October 3, 1966, Isaac Carlos DeBaca v. People, 160 Colo. 543, 418 P.2d 286. On October 25, 1966, defendant filed in the district court an instrument entitled "Petition for a Writ of Habeas Corpus." At the hearing on that petition defendant appeared pro se and statements were made by him as well as by the district attorney. No evidence was taken. At the conclusion of the "hearing" which was in substance nothing more than an argument as to whether, on the face of the petition, the defendant was entitled to relief, the trial court denied the petition.