(Download) "People V. Heitzman" by Colorado Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: People V. Heitzman
- Author : Colorado Supreme Court
- Release Date : January 10, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
We have consolidated for the purpose of issuing a single opinion two separate cases in which the defendant, Curtis Heitzman, appeals from orders of the Jefferson County District Court denying his motions under Crim. P. 35(c) to vacate judgments of conviction entered against him for felony offenses. The district court ruled in each case that the defendant's motion was not filed within the time period prescribed by section 16-5-402, 8A C.R.S. (1986), and therefore was barred. On appeal the defendant challenges the applicability and constitutional sufficiency of that statute. He also asserts that if section 16-5-402 does apply, the district court erred in concluding that he had failed to show "justifiable excuse or excusable neglect" for the filing delays so as to except his motions from the time limitations of the statute by its own terms. We reject the defendant's arguments that section 16-5-402 is either inapplicable or constitutionally insufficient. We reverse the district court's orders, however, and remand the cases to that court for further proceedings to determine whether the late filings were based upon justifiable excuse or excusable neglect under the standards set forth today in People v. Wiedemer, No. 925A231 (Colo. May 10, 1993).