People v. Padilla

The defendant, Joseph Padilla, pled guilty in Denver District Court to one count of assault in the first degree. 1 At his sentencing hearing, the defendant filed a motion to suppress the use of three prior felony convictions in the sentencing determination on the ground that these convictions were unconstitutionally obtained. The sentencing court denied the motion as barred by the statute of limitations, section 16-5-402, 8A C.R.S. (1986), noting the defendant’s failure to plead justifiable excuse or excusable neglect, statutorily recognized exceptions to the time limitation. See §…