Flores-Heredia v. ColoradoAnnotate this Case
Jesus Flores-Heredia pled guilty to inducement and conspiracy to sell and possess with intent to sell a schedule II controlled substance, and he received a one-year deferred judgment in 1990. Although he successfully completed the deferred judgment in 1991, no court ever ordered his plea withdrawn or the action against him dismissed pursuant to section 18-1.3-102(2), C.R.S. (2016). In 2014, Flores-Heredia filed a motion to withdraw his plea pursuant to Crim. P. 32(d). The district court concluded that because no order had been entered withdrawing Flores-Heredia’s plea and dismissing the charge under section 18-1.3-102(2), it would enter such an order. 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 Here, there was no such plea to withdraw, because the plea was previously withdrawn pursuant to section 18-1.3-102(2). Nothing in Rule 32(d) authorized a district court to withdraw an already-withdrawn plea. The Supreme Court affirmed the district court's judgment.