Colorado v. Corrales-CastroAnnotate this Case
In 2009, defendant pled guilty to criminal impersonation, and he received a one-year deferred judgment. Defendant successfully complied with the terms of the deferred judgment, and in 2010 the court withdrew his guilty plea and the charge was dismissed with prejudice pursuant to section 18-1.3-102(2) C.R.S. (2016). In 2013, defendant moved to withdraw his guilty plea under Crim. P. 32(d), asserting that the plea was based on ineffective assistance of counsel. The district court determined that it lacked jurisdiction to consider the motion. The court of appeals reversed, holding that Crim. P. 32(d) allowed a defendant to seek withdrawal of a plea that has previously been withdrawn pursuant to section 18-1.3-102(2) when the plea has collateral consequences under federal immigration law. The Colorado Supreme Court found under the plain language of Rule 32(d), there must be a “plea” to “withdraw.” Here, there was no such plea to withdraw, because the plea was previously withdrawn pursuant to section 18-1.3-102(2). Nothing in Rule 32(d) authorized a district court to withdraw an already-withdrawn plea.