Swainson v. People

ERICKSON, Justice.

We granted certiorari to review the decision of the court of appeals in People v. Swainson, 674 P.2d 984 (Colo.App.1983), which held that the petitioner, Christy J. Swainson, was not excused from the 120-day time limit for filing a Crim. P. 35 motion for reduction of sentence. We reverse the judgment of the court appeals and remand with directions.

I

Swainson was originally charged in an information with thirteen counts, including first-degree murder. Under a plea agreement, Swainson pleaded guilty to second-degree murder and stipulated to a fixed sentence of not less than…