People v. Smith

Opinion by JUDGE BOORAS

¶ 1 Defendant, Timothy David Smith, appeals the district court's denial, without a hearing, of his Crim. P. 35(c) motion for postconviction relief. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

*197I. Introduction

¶ 2 Under certain circumstances, a trial court may deny a postconviction motion without conducting an evidentiary hearing or notifying either the prosecution or the Public Defender, if "the motion and the files and record" show the defendant is not entitled to relief. Crim. P. 35(c)(3)(IV). If, however, the…