Supreme Court of Colorado

The People of the State of Colorado, Petitioner v. Osvaldo Corrales-Castro, Respondent

June 5, 2017395 P.3d 778

Summary

The court held that a defendant cannot use Crim. P. 32(d) to withdraw a guilty plea that was already withdrawn and followed by dismissal with prejudice after successful completion of a deferred judgment. The plain language of the rule presupposes an existing plea capable of being withdrawn, and the rule does not authorize relief aimed at removing collateral immigration consequences. The court therefore reversed the court of appeals.