Legal Opinion · Concurring in part, dissenting in part

People v. Kazadi

Colorado Court of Appeals

Decided March 3, 2011No. 09CA2640Published

1Concurring in part, dissenting in part

Judge TAUBMAN

concurring in part and dissenting in part.

I agree with that part of the majority's opinion concluding that defendant Yanick Ka-zadi may challenge his misdemeanor convietion. However, I part company with my colleagues regarding Kazadi's felony conviection because I conclude that, in the unique cireumstances presented here, Kazadi may collaterally attack that deferred judgment and sentence.

I start with the proposition that section 13-4-102(1), C.R.S.2010, provides that, as relevant here, the court of appeals has jurisdiction over appeals from final judgments. The term "final…

2Cases cited19 opinions

  1. Padilla v. KentuckySupreme Court of the United States · 2010
  2. Harding Glass Co. v. JonesSupreme Court of Colorado · 1982
  3. People v. PozoSupreme Court of Colorado · 1987
  4. Lombard v. Colorado Outdoor Education Center, Inc.Supreme Court of Colorado · 2008
  5. Rush Creek Solutions, Inc. v. Ute Mountain Ute TribeColorado Court of Appeals · 2004

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