State v. Cortez

— The State appeals a superior court order vacating the judgment and sentence of Jose E. Cortez for possession of a controlled substance, cocaine. The State contends the court lacked authority to grant such relief because there were no defects in the underlying conviction nor any extraordinary circumstances to justify vacation. The State also contends the vacation was an untimely collateral attack on the judgment and violated the separation of powers doctrine. We reverse and direct the trial court to reinstate the judgment.

On June 15, 1990, Mr. Cortez pleaded guilty to possession of a…