Supreme Court of Colorado
Nicanor Sanchez-Martinez, Petitioner v. the People of the State of Colorado, Respondent
May 9, 2011250 P.3d 1248
Summary
The court reversed the district court and reinstated the county court's order vacating Sanchez-Martinez's guilty plea. It held that the prosecution had adequate notice that the plea's constitutionality was at issue, that the county court could address that issue based on evidence developed during the post-conviction hearing, and that the record supported the conclusion that the plea was not knowing, voluntary, or intelligent. Justice Coats, joined by Justices Rice and Eid, dissented, arguing that the defendant had not properly pleaded a challenge to the plea and that the prosecution lacked a fair opportunity to rebut his later testimony.