Nicanor Sanchez-Martinez, Petitioner v. the People of the State of Colorado, Respondent — Coats, J., Dissenting

Summary

The dissent argues that the post-conviction court improperly vacated the defendant's guilty plea on a ground he never pleaded and without giving the prosecution a meaningful opportunity to investigate or rebut it. It maintains that the defendant's claim that he did not understand the written Spanish advisement presented a factual credibility issue requiring development of the providency-hearing and interpreter records. The dissent further reasons that any claim based on plea invalidity, counsel ineffectiveness, or deportation consequences should be litigated only after proper pleading in a proper proceeding. Justices Rice and Eid joined the dissent.