Weason v. Colorado Court of Appeals

ERICKSON, JUSTICE,

dissenting:

I respectfully dissent. In my view, the court of appeals did not abuse its discretion in denying the defendant’s motion to file a notice of appeal out of time, and the extraordinary relief of mandamus should not be granted where the defendant has an adequate remedy under Crim.P. 35(c).

I

A defendant’s failure to comply with C.A.R. 4 and C.A.R. 26(b) deprives the appellate court of jurisdiction and precludes review of the defendant’s conviction. People v. Silvola, 198 Colo. 228, 597 P.2d 583 *739(1979); People v. Allen, 182 Colo. 395, 513 P.2d 1060 (1973). Widener v.…