People v. Vigil

Opinion by

Judge METZGER

Defendant, Joseph D. Vigil, appeals the trial court’s order denying his Crim. P. 35(c) motion for post-conviction relief. We affirm.

In 1971, defendant was charged with forgery pursuant to C.R.S.1963, § 40-6-8. As part of a plea bargain, he pled guilty to issuing a bad check pursuant to C.R.S.1963, § 40-14-20, and was sentenced for not less than one year nor more than two years to the Department of Corrections (DOC). In 1972, the bad cheek statute, § 40-14-20, was declared unconstitutional in People v. Vinnola, 177 Colo. 405, 494 P.2d 826 (1972).

In March 1991, defendant…