(Download) "People V. Padilla" by Colorado Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: People V. Padilla
- Author : Colorado Supreme Court
- Release Date : January 11, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The defendant, Joseph Padilla, pled guilty in Denver District Court to one count of assault in the first degree. At his sentencing hearing, the defendant filed a motion to suppress the use of three prior felony convictions in the sentencing determination on the ground that these convictions were unconstitutionally obtained. The sentencing court denied the motion as barred by the statute of limitations, section 16-5-402, 8A C.R.S. (1986), noting the defendant's failure to plead justifiable excuse or excusable neglect, statutorily recognized exceptions to the time limitation. See § 16-5-402(2)(d). The court then sentenced the defendant to eighteen years imprisonment. In People v. Padilla, 878 P.2d 4 (Colo. App. 1993), the Colorado Court of Appeals held that the pleading requirements applied by the sentencing court were appropriate under this court's decision in People v. Wiedemer, 852 P.2d 424 (Colo. 1993). However, the court of appeals noted that Wiedemer was not decided until after the sentencing court's determination in this case and held that the pleading requirements did not apply retroactively. Therefore, the court of appeals remanded the case to the sentencing court with directions that the defendant be allowed to present evidence of justifiable excuse and excusable neglect and, if successful in proving either of those circumstances, be allowed to present evidence that the prior convictions were invalid. We granted certiorari to consider whether a defendant is entitled to an evidentiary hearing on the validity of prior convictions at a discretionary sentencing proceeding. Because we find that a discretionary sentencing proceeding is not the proper forum in which to challenge prior convictions, we now hold that the defendant is not entitled to an evidentiary hearing on the validity of prior convictions during such a proceeding. Therefore, we reverse the court of appeals' judgment and return the case to that court with directions to affirm the judgment and sentence entered by the district court.
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