Zafiro-Guillen v. People

Citations

• 2017 CO 62
• 395 P.3d 781
• 2017 WL 2417765

Syllabus

Criminal Law—Withdrawal of Guilty Plea—Crim.P. 32(d)—Guilty Pleas—Ineffective Assistance of Counsel—Deferred Judment. Edgar Zafiro-Guillen pleaded guilty to possession of one gram or less of a schedule II controlled substance in exchange for a two-year deferred judgment. In 2009, upon successful completion of the terms of the deferred judgment, the district court withdrew Zafiro-Guillen's guilty plea and dismissed the case with prejudice. In 2013, Zafiro-Guillen filed a motion to withdraw his guilty plea pursuant to Crim.P. 32(d). The district court denied the motion, holding it lacked jurisdiction. The Court of Appeals affirmed. For the reasons discussed in the lead companion case, People v. Corrales-Castro, 2017 CO 60, ___ P.3d ___, announced the same day, the Supreme Court held that the plain terms of Rule 32(d) require a plea to exist for it to be withdrawn. Therefore, Crim.P. 32(d) does not authorize withdrawal of Zafiro-Guillen's plea. Accordingly, the Court affirmed the Court of Appeals' judgment.