People v. Gurule

CRISWELL, Judge.

Defendant, Ben Gurule, appeals from the order denying his Crim.P. 35(c) motion, by which he attacked the constitutionality of two prior burglary convictions based upon guilty pleas. At the time of the commission of the burglary for which he is presently incarcerated, defendant was on parole for those convictions and thus his sentence was enhanced. See § 18-l-105(9)(a)(II), C.R.S. (1986 Repl.Vol. 8B). He complains that his agreement not to challenge those two prior convictions should be set aside because it was made absent a knowing, voluntary, and intelligent waiver of his…