People v. Martinez-Huerta

Opinion by

JUDGE LICHTENSTEIN

¶1 Defendant, Marcos Martinez-Huerta, appeals the trial court's summary denial of his untimely filed Crim. P. 35(c) motion for postconviction relief challenging the validity of his guilty plea.

¶ 2 This case addresses whether a defendant is entitled to a hearing on the issue of justifiable excuse or'exgfisab'le neglect for the untimely filing of a Crim. P. 35(c) motion, when a defendant alleges that the untimely filing resulted from his reasonable reliance on plea counsel's affirmative, but erroneous, advice about the immigration consequences of the plea which caused…