Kazadi v. People

{1 We granted certiorari to review the decision of the Colorado Court of Appeals in People v. Kazadi, 284 P.3d 70 (Colo.App.2011).1 In this case we must determine whether a defendant who has pleaded guilty in return for a deferred judgment and sentence may seek postconviction review of his felony plea under Crim. P. 385(c). We agree with the Court of Appeals that he may not. Nevertheless, he can seek to withdraw the guilty plea pursuant to Crim. P. 32(d).

12 We hold that the deferred judgment statute, section 18-1.83-102, CRS. (2012), read in conjunction with Crim. P. 85(c), precludes Kazadi…