Legal Opinion

People v. Vargas-Reyes

Colorado Court of Appeals

Decided December 27, 2018No. Court of Appeals No. 17CA1690Published

1Opinion of the Court

Opinion by JUDGE TOW

¶ 1 Defendant, Gustavo Adolfo Vargas-Reyes, appeals the denial of his second Crim. P. 35(c) motion, which he filed seventeen years after the judgment of conviction and eleven years after his first Crim. P. 35(c) motion. However, before resolving Vargas-Reyes's claim, we must first determine whether he has sought relief in the correct court. Because we determine that his motion was resolved by a county court judge, we lack jurisdiction and thus dismiss the appeal.

I. Background

¶ 2 In 2000, the prosecution charged Vargas-Reyes with possession of a schedule II controlled…

2Cases cited3 opinions

  1. People v. MaserSupreme Court of Colorado · 2012
  2. People v. SherrodSupreme Court of Colorado · 2009
  3. People v. JachnikColorado Court of Appeals · 2005

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