People v. Wiedemer

The defendant, Gary L. Wiedemer, appeals from an order of the Jefferson County District Court denying his motion under Crim.P. 35(c) to vacate a judgment of conviction entered against him in 1964 for felony theft of auto parts. The district court based its decision on a determination that the motion was not filed within the period prescribed by section 16-5-402, 8A C.R.S. (1986), which limits the time for commencing collateral attacks on criminal convictions. On appeal the defendant challenges the applicability and constitutional sufficiency of that statute. He also asserts that if…