State v. Corbett

I respectfully dissent from the majority opinion dismissing defendant’s appeal. Because I believe that this Court is bound by the United States Supreme Court’s decision in Menna v. New York, 423 U.S. 61, 46 L. Ed. 2d 195. (1975), I would address defendant’s appeal on the merits and vacate defendant’s felony habitual DWI conviction in case number 07 CRS 184.

Although the State correctly identifies the general rule applying to collateral challenges to guilty pleas, the United States Supreme Court has carved out an exception that applies in the case before us. In Blackledge v. Perry, 417 U.S. 21,…