People v. Naranjo, No. 85CA1184
| Docket Nº | No. 85CA1184 |
| Citation | 738 P.2d 407 |
| Case Date | February 12, 1987 |
| Court | Court of Appeals of Colorado |
Page 407
v.
Sammy NARANJO, Defendant-Appellant.
Div. I.
Rehearing Denied March 26, 1987.
Page 408
Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Curt P. Kriksciun, Asst. Atty. Gen., Denver, for plaintiff-appellee.
Sammy Naranjo, pro se.
CRISWELL, Judge.
Defendant, Sammy Naranjo, proceeding pro se, appeals an order of the trial court denying his motion for postconviction relief under Crim.P. 35(c). Because the trial court failed to appoint counsel for defendant or to hold a hearing on his motion, we vacate its order and remand for further proceedings.
In his original trial and appeal, defendant was represented by the public defender. The record reflects that, since that time, defendant has been continuously incarcerated. No suggestion has been made that he is no longer indigent and we assume, therefore, at the time he filed each of his Crim.P. 35 motions, his financial status was such as to allow the public defender to be appointed to represent him.
In his motion for postconviction relief, defendant alleged that: (1) his confession should have been suppressed because it was obtained in violation of his Sixth Amendment rights; (2) because of his difficulty in comprehending English, his due process rights to confrontation and effective assistance of counsel were denied; (3) in light of his expressed desire to testify, the trial court erred in failing to obtain his knowing and intelligent waiver of his right to do so; (4) he did not receive the effective assistance of counsel on appeal; and (5) the jury instructions contained various errors.
In addition to supporting his claims with citations to the record, defendant proposed in his motion to present evidence de novo on two of these issues--his inability to understand or use English and his desire and efforts to testify at the suppression hearing and at trial. Defendant requested an evidentiary hearing on his motion in order to present such evidence. He also requested that counsel be appointed to represent him in the Crim.P. 35(c) proceedings.
The trial court refused to appoint counsel for defendant or to schedule a hearing on his motion. In denying defendant's motion, the trial court observed that most of the issues he raised had previously been passed upon either by the trial court or on appeal. The trial court then adopted ultimate findings of fact which determined that none of defendant's claims were factually supported. These findings were, presumably, based solely upon the record of defendant's trial with no consideration being given to any evidence outside the record.
Despite the trial court's...
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People v. Silva, No. 04CA0661.
...proceedings is "tenuously premised" on §§ 21-1-103 and 21-1-104, C.R.S.2004. Accord People v. Duran, supra; People v. Naranjo, 738 P.2d 407 (Colo.App.1987). Observing that "the failure to provide effective assistance of counsel is tantamount to not providing counsel at all,&q......
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People v. Naranjo, No. 91SC473
...court to appoint counsel and to conduct such further proceedings as may be appropriate under the circumstances. People v. Naranjo, 738 P.2d 407 (Colo.App.1987). In December 1988 the public defender's office, acting on behalf of the defendant, filed a Crim.P. 35(c) motion alleging several gr......
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Demarest v. Price, No. 95-1535
...have allowed defendants to file successive petitions after the denial of earlier petitions filed pro se. See, e.g., People v. Naranjo, 738 P.2d 407, 409 (Colo.Ct.App.1987) ("[S]ince [the] defendant did not have legal representation during the course of his first Crim. P. 35(c) proceedi......
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Murphy v. People, No. 92SC426
...See Brinklow v. Riveland, 773 P.2d 517, 521 (Colo.1989); People v. Duran, 757 P.2d 1096, 1097 (Colo.App.1988); People v. Naranjo, 738 P.2d 407, 409 10 We recognize, of course, that a litigant may be allowed to waive the right to conflict-free representation upon full disclosure by counsel. ......
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People v. Silva, No. 04CA0661.
...proceedings is "tenuously premised" on §§ 21-1-103 and 21-1-104, C.R.S.2004. Accord People v. Duran, supra; People v. Naranjo, 738 P.2d 407 (Colo.App.1987). Observing that "the failure to provide effective assistance of counsel is tantamount to not providing counsel at all,&q......
-
People v. Naranjo, No. 91SC473
...court to appoint counsel and to conduct such further proceedings as may be appropriate under the circumstances. People v. Naranjo, 738 P.2d 407 (Colo.App.1987). In December 1988 the public defender's office, acting on behalf of the defendant, filed a Crim.P. 35(c) motion alleging several gr......
-
Demarest v. Price, No. 95-1535
...have allowed defendants to file successive petitions after the denial of earlier petitions filed pro se. See, e.g., People v. Naranjo, 738 P.2d 407, 409 (Colo.Ct.App.1987) ("[S]ince [the] defendant did not have legal representation during the course of his first Crim. P. 35(c) proceedi......
-
Murphy v. People, No. 92SC426
...See Brinklow v. Riveland, 773 P.2d 517, 521 (Colo.1989); People v. Duran, 757 P.2d 1096, 1097 (Colo.App.1988); People v. Naranjo, 738 P.2d 407, 409 10 We recognize, of course, that a litigant may be allowed to waive the right to conflict-free representation upon full disclosure by counsel. ......