Supreme Court of Colorado
William J. Hunsaker, Jr. v. the People of the State of Colorado
December 20, 2021500 P.3d 1110
Summary
The court held that correcting an illegal sentence permits a defendant to pursue an otherwise untimely postconviction claim only when the claim addresses how the sentencing illegality may have affected the original conviction. The three-year limitations period begins when direct appellate review is exhausted, not when an illegal sentence is later corrected. Because Hunsaker's motion was untimely but some claims might qualify under the justifiable-excuse exception, the court affirmed and remanded for further proceedings. Justice Gabriel, joined by Chief Justice Boatright, dissenting, would have treated all of Hunsaker's claims as timely or excused.