Espino-Paez v. People

¶1 Petitioner Jose Espino-Paez pled guilty to the use of a schedule II controlled substance in 1996 and received a deferred judgment. When he successfully completed the terms of his deferred judgment, his guilty plea was withdrawn and the charge was dismissed with prejudice.

¶2 In 2012, Espino-Paez filed a petition for postconviction- relief pursuant to Crim. P. 35(c) and in the alternative to withdraw his guilty plea pursuant to Crim. P. 32(d). The district court denied that motion, and the court of appeals affirmed, holding that the district court had no authority to withdraw the plea…