Delgado v. People

RICE, Justice.

We granted certiorari in this ease to determine whether a sentence with an illegal parole term but a legal term of years triggers the motion filing deadline for postconviction reduction of sentence pursuant to Crim. P. 35(b). The court of appeals held in People v. Delgado, 83 P.3d 1144, 1146 (Colo.App.2003), that the illegal mandatory parole portion of Defendant Jorge Delgado’s sentence was distinct and severable from the legal imprisonment term, and thus, since the latter was a legal sentence, Defendant had 120 days from its imposition to file a Crim. P. 35(b) motion. As…