People v. Robinson
Colorado Court of Appeals
1Opinion of the Court
Opinion by
Judge DAVIDSON.
Defendant, Edgar Burton Robinson, appeals from the order of the trial court dismissing his Crim. P. 35(c) motion as untimely. We affirm.
In 1977, defendant entered a plea of guilty to first degree sexual assault. He received a two-year deferred sentence. In 1990, defendant filed a Crim. P. 35(c) motion to vacate the conviction.
In its opposition brief, the prosecution argued that the motion was untimely pursuant to § 16-5-402, C.R.S. (1986 Repl.Vol. 8A). That statute provides that a person may not “collaterally attack the validity” of a conviction unless the attack is…
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