People v. Chavez-Torres

Summary

The Colorado Supreme Court held that Israel Chavez-Torres was entitled to a hearing on whether the justifiable excuse or excusable neglect exception applied to the statutory time bar for his Crim. P. 35(c) motion. His allegations that plea counsel failed to advise him about immigration consequences, considered with the plea agreement and plea-hearing transcript—which contained no immigration advisement—were sufficient to establish the basis for a hearing. The court affirmed the court of appeals and remanded for further proceedings.

Holdings

1. A noncitizen defendant is entitled to a hearing when the factual allegations in an untimely Crim. P. 35(c) motion, assumed to be true and considered together with the submitted plea agreement and plea-hearing transcript, would establish justifiable excuse or excusable neglect for failing to challenge the conviction within the statutory limitations period.
2. The correct standard is whether the facts alleged, if true, would constitute justifiable excuse or excusable neglect; the court should not use the less precise formulation of whether they could constitute justifiable excuse or excusable neglect.
3. Although a defendant need not provide evidentiary support for allegations of justifiable excuse or excusable neglect, the trial court may consider a submitted plea agreement or plea-hearing transcript together with the motion when determining whether a hearing is required.

Questions Presented

1. Whether a noncitizen defendant who alleges that plea counsel failed to advise him about the immigration consequences of a guilty plea is entitled to a hearing on whether the untimely Crim. P. 35(c) motion qualifies for the justifiable excuse or excusable neglect exception to the three-year statutory limitations period.
2. What standard governs whether factual allegations, assumed to be true, establish justifiable excuse or excusable neglect sufficiently to require a hearing.

Disposition

affirmed