Supreme Court of Colorado
Yanick Kazadi v. the People of the State of Colorado
December 20, 2012291 P.3d 16
Summary
The court held that a defendant who pleaded guilty under a deferred judgment and sentence may not use Crim. P. 35(c) to obtain postconviction review while no judgment of conviction or sentence has been entered. It nevertheless held that the defendant may seek withdrawal of the guilty plea under Crim. P. 32(d), including on ineffective-assistance grounds, because a deferred judgment is not a sentence or suspension of sentence. The court affirmed the court of appeals. Chief Justice BENDER, dissenting, would have allowed Rule 35(c) review and remanded for an evidentiary hearing on the ineffective-assistance claim.