People v. Alvarado HinojosAnnotate this Case
Frederico Alvarado Hinojos, a citizen of Mexico, immigrated to the United States in 1991 with his wife and two daughters. Sixteen years later, in 2007, he pled guilty to felony menacing with a deadly weapon and misdemeanor third-degree assault. Alvarado Hinojos successfully completed both his deferred judgment and his probation sentence. Therefore, in 2009, the trial court dismissed the guilty plea to the felony count and terminated the probation sentence on the misdemeanor count. In July 2015, Alvarado Hinojos filed a motion for postconviction relief in which he collaterally attacked his third-degree assault conviction under Crim. P. 35(c). The question Alvarado Hinojos' appeal raised for the Colorado Supreme Court's review was whether, as a noncitizen, Alvarado Hinojos was entitled to a hearing on the timeliness of his Crim. P. 35(c) postconviction motion when he invoked the justifiable excuse or excusable neglect exception and alleged that plea counsel provided him no advice regarding the immigration consequences of his plea. The Supreme Court held that when the plea agreement or the plea hearing transcript is submitted, the trial court should consider it in conjunction with the allegations advanced. In this case, the Court held Alvarado Hinojos was not entitled to a hearing. The factual allegations in his motion (which were assumed to be true), when considered in conjunction with the plea agreement, were insufficient to establish justifiable excuse or excusable neglect for failing to collaterally attack the validity of his misdemeanor conviction within the applicable eighteen-month limitations period. The immigration advisement contained in the plea agreement, at a minimum, gave Alvarado Hinojos reason to question the accuracy of his plea counsel’s advice regarding the immigration consequences of the plea. "Thus, even taking at face value the allegations in his motion, he was on notice at the time of his plea that he needed to diligently investigate his counsel’s advice and, if appropriate, file a timely motion challenging the validity of his conviction."