The People of the State of Colorado, Petitioner v. Israel Chavez-Torres, Respondent.

Summary

The court held that Chavez-Torres was entitled to a hearing on whether his untimely postconviction motion qualified for the justifiable-excuse-or-excusable-neglect exception to the statutory limitations period. His allegations that plea counsel failed to advise him about immigration consequences, considered with the plea agreement and plea transcript—which contained no immigration advisement—were sufficient to warrant a hearing. The court affirmed the court of appeals and remanded for further proceedings.