Zafiro-Guillen v. People

¶1 Petitioner Edgar Zafiro-Guillen pled guilty to possession of one gram or less of a schedule II controlled substance in exchange for a two-year deferred judgment. In 2009, upon successful completion of the conditions of the deferred judgment, his plea was withdrawn and the ease was dismissed with prejudice pursuant to section 18-1.3-102(2), C.R.S. (2016).

¶2 In 2013, Zafiro-Guillen filed a motion to withdraw his guilty plea pursuant to Crim. P. 32(d), alleging ineffective assistance of counsel. The district court denied the motion, holding it lacked jurisdiction. The court of appeals…