People v. Perez

Opinion by

Judge ROY.

Defendant, Alvaro R. Perez, appeals from the trial court’s order denying his Crim.P. 35(c) motion as time-barred under § 16-5-402, C.R.S. (1986 Repl.Vol. 8A). We affirm.

On May 30, 1986, defendant pled guilty to first degree sexual assault and violent crime and was sentenced to the Department of Corrections for fifteen years. On September 4, 1992, after the time for attacking that conviction had expired pursuant to § 16-5-402, the defendant launched such an attack by filing a Crim.P. 35(c) motion. In his motion, he alleges that he entered into his plea with the…