The People of the State of Colorado, Petitioner v. David Bueno, Respondent

Summary

The court held that a motion for a new trial based on newly discovered evidence is timely under Rule 33(c) when filed before sentencing because judgment is not entered until both guilt is determined and sentence is imposed. It also held that the prosecution suppressed exculpatory and material evidence by failing to disclose two investigative reports, and that the trial court did not abuse its discretion in granting a new trial. The court therefore affirmed the court of appeals.