People v. Bueno

Opinion by JUDGE GRAHAM

¶ 1 The People of the State of Colorado appeal the trial court's order granting defendant, David Bueno, a new trial based upon newly discovered evidence. As a matter of first impression, we conclude the term "entry of judgment" in Crim. P. 33(c) means more than a "verdict or finding of guilt" and must include sentencing of the defendant. Accordingly, here, as a matter of law, defendant's Crim. P. 33(c) motion was timely because he had not been sentenced at the time he filed his motion. Because we further conclude *65that the trial court did not abuse its discretion in…