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SILVA v. PEOPLE

No. 05SC519.

156 P.3d 1164 (2007)

Christopher SILVA, Petitioner/Cross-Respondent v. The PEOPLE of the State of Colorado, Respondent/Cross-Petitioner.

Supreme Court of Colorado. En Banc.

April 23, 2007.

Attorney(s) appearing for the Case

Christopher Silva, Limon, Colorado, Pro Se.

John W. Suthers, Attorney General, Laurie A. Booras, First Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Respondent/Cross-Petitioner.

Douglas K. Wilson, Colorado State Public Defender, Kathleen A. Lord, Chief Appellate Deputy Public Defender, Shann Jeffrey, Deputy State Public Defender, Denver, Colorado, Attorneys for Amicus Curiae Colorado State Public Defender.

Kim Dvorchak, Littleton, Colorado, Michelle Lazar, Jonathan D. Reppucci, Denver, Colorado, Attorneys for Amicus Curiae Colorado Criminal Defense Bar.

Justice RICE delivered the opinion of the court.

We granted certiorari to review the court of appeals' holding that the petitioner, Christopher Silva, may have had justifiable excuse for filing his second Crim. P. 35(c) motion outside the statutory time limit set in section 16-5-402(1), C.R.S. (2006).1 In its ruling, the court of appeals held that the trial court should have investigated whether Silva's motion was justifiably late because...

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