The Colorado Supreme Court issued its opinion in Sanchez-Martinez v. People on May 9, 2011.
Knowing, Voluntary, and Intelligent Guilty Plea—Crim.P. 11 and 35(c)—Post-conviction Relief.
In this post-conviction proceeding originating as a Crim.P. 35(c)(2)(V) motion for relief based on newly discovered evidence, the Supreme Court determined that the county court acted within its discretion when it addressed the constitutionality of defendant’s guilty plea. Because the prosecution elicited testimony from defendant about the circumstances surrounding his guilty plea, and the court clearly indicated its inclination to vacate the plea as unconstitutional during the hearing, the Court concluded that the prosecution was on notice that the constitutionality of the plea was at issue. The Court also held that the record supported the county court’s findings and conclusion that defendant’s guilty plea was unconstitutional.
Summary and full case available here.