In Re the People of the State of Colorado, Plaintiff: v. Clemente Roberts.

Summary

The court made its order to show cause absolute and held that a defendant whose private attorney filed a Crim. P. 35(c) motion already had counsel under Crim. P. 35(c)(3)(V), even if that attorney later withdrew. The defendant therefore was not entitled to have the public defender or other appointed counsel supplement the motion with additional claims, and the district court was directed to require the People to respond. The court reached the merits despite possible mootness because the issue was capable of repetition yet evading review.