The People of the State of Colorado, Petitioner v. Frederico Alvarado Hinojos, Respondent.

Summary

The court held that an untimely Crim. P. 35(c) motion alleging plea counsel misadvised a noncitizen about immigration consequences does not automatically entitle the defendant to a hearing on justifiable excuse or excusable neglect. When the plea agreement or plea-hearing transcript is submitted, the trial court must consider it together with the motion's allegations; here, the immigration warning in the plea agreement gave Hinojos reason to investigate counsel's advice and pursue a timely challenge. Justice Gabriel, dissenting, would have held that the allegations entitled Hinojos to an evidentiary hearing because reliance on counsel's advice and the significance of the plea paperwork presented factual questions.