The People of the State of Colorado v. Christopher Anthon Mazzarelli — Boatright, J., Dissenting

Summary

Justice Boatright dissented from the majority’s interpretation of Crim. P. 32(d), reasoning that the rule is ambiguous and does not prohibit a prosecutor from withdrawing when a trial court materially modifies a stipulated plea agreement. She would have allowed the prosecution to withdraw and restored both parties to their original positions, while also observing that the case could have been resolved as moot. The dissent further argued that the majority improperly addressed hypothetical provisions governing withdrawal that were not necessary to decide the case. Justice Márquez joined the dissent.