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

Summary

The court held that a noncitizen defendant was not entitled to a hearing on whether his untimely postconviction motion qualified for the justifiable-excuse-or-excusable-neglect exception. Although the motion’s allegations had to be accepted as true, the plea agreement had to be considered with them, and its immigration advisement gave the defendant reason to investigate counsel’s allegedly conflicting advice within the limitations period. Justice Gabriel, joined by Justices Hood and Hart, dissented, concluding that the allegations warranted a hearing and that the majority improperly resolved factual questions as a matter of law.