People v. Wirsching

Opinion by

Judge TAUBMAN.

Defendant, Charles Wirsching, appeals the trial court's order denying his motion for postconviction relief under Crim. P. 35(a) and Crim. P. 385(c). On July 20, 2000, we announced an opinion affirming the denial of post-conviction relief, based upon People v. Priester, 996 P.2d 766 (Colo.App.2000). One month later, the Supreme Court decided Clark v. People, 7 P.3d 168 (Colo.2000), which disapproved of Priester. Relying on Clark, defendant filed an untimely petition for rehearing, contending that he is entitled to a reduction of his sentence. Because an earlier timely…