Leyva v. People

In this appeal we review the unpublished opinion of the court of appeals in People v. Leyva, No. 05CA07T92, 2006 WL 3803942 (Colo.App. Dec.28, 2006), to determine whether the entry of an amended judgment of conviction, correcting a prisoner's sentence on. one count, renewed the three-year deadline for bringing a collateral attack pursuant to Crim. P. 85(c) regarding the original judgment of conviction.

We hold that because Defendant Joshua Leyva's original judgment of conviction contained an illegal sentence on one count, the entire sentence was illegal. The sentence was therefore subject to…