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eBook details

• Title: People v. Patterson
• Author : Colorado Court of Appeals
• Release Date : January 23, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

This is an appeal from an order of the Chaffee County District Court denying a Crim. P. 35(c) motion of the defendant, Gary L. Wiedemer, to vacate a judgment of conviction entered against him in 1973 for conspiracy to commit burglary. The district court ruled that denial was required because the motion had not been filed within the limitation period prescribed by section 16-5-402(1), 8A C.R.S. (1986). The defendant asserts on appeal that section 16-5-402 should not be construed to apply to Crim. P. 35(c) motions but that if it does apply it violates constitutional provisions concerning separation of powers and the rights to habeas corpus, due process, and equal protection of the laws. He also contends that his delay in filing the motion was based on "justifiable excuse or excusable neglect," thereby qualifying for the exception to the statutory limitation period contained in section 16-5-402(2)(d). We are unpersuaded by the defendants arguments that section 16-5-402 is either inapplicable to Crim. P. 35(c) motions or unconstitutional. We reverse the district courts order, however, and remand the case to that court for further proceedings to determine whether his tardy filing was based upon justifiable excuse or excusable neglect under the standards set forth today in People v. Wiedemer, 852 P.2d 424, No. 92SA231 (Colo. May 10, 1993).

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