The summaries of the Colorado Court of Appeals published opinions constitute no part of the opinion of the division but have been prepared by the division for the convenience of the reader. The summaries may not be cited or relied upon as they are not the official language of the division. Any discrepancy between the language in the summary and in the opinion should be resolved in favor of the language in the opinion. SUMMARY April 18, 2019 2019COA55 No. 17CA0102, People v. Delgado — Criminal Procedure — Postconviction Remedies — Conviction Obtained or Sentence Imposed in Violation of the Constitution; Attorneys and Clients — Ineffective Assistance of Counsel A division of the court of appeals addresses whether the district court erred in summarily denying defendant’s Crim. P. 35(c) postconviction motion based on ineffective assistance of counsel. In so doing, the division concludes that two United States Supreme Court cases, Lafler v. Cooper, 566 U.S. 156 (2012), and Missouri v. Frye, 566 U.S. 134 (2012), overruled the Colorado Supreme Court’s decision in Carmichael v. People, 206 P.3d 800 (Colo. 2009), on two points: (1) the test for showing prejudice where an attorney incorrectly advises a defendant in plea negotiations, resulting in the defendant rejecting a plea offer; and (2) the remedies available where a defendant in these circumstances shows both ineffective assistance and prejudice. The division reverses the district court’s order in part and remands the case for a hearing on defendant’s claim that he received ineffective assistance of counsel because his attorney incorrectly advised him about his sentencing exposure. COLORADO COURT OF APPEALS 2019COA55 Court of Appeals No. 17CA0102 Larimer County District Court No. 02CR1285 Honorable Julie Kunce Field, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Lupe Delgado, Defendant-Appellant. ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE J. JONES Terry and Grove, JJ., concur Announced April 18, 2019 Philip J. Weiser, Attorney General, Carmen Moraleda, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee Katayoun A. Donnelly, Alternate Defense Counsel, Denver, Colorado, for Defendant-Appellant ¶1 Defendant, Lupe Delgado, appeals the district court’s order summarily denying his Crim. P. 35(c) motion based on ineffective assistance of counsel. We reverse the order in part and remand the case for a hearing on defendant’s claim that his attorney incorrectly advised him about his sentencing exposure, leading him to reject a favorable plea offer. In so deciding, we conclude that the United States Supreme Court’s decisions in Lafler v. Cooper, 566 U.S. 156 (2012), and Missouri v. Frye, 566 U.S. 134 (2012), overruled the Colorado Supreme Court’s decision in Carmichael v. People, 206 P.3d 800 (Colo. 2009), on two points: (1) the test for showing prejudice where an attorney incorrectly advises a defendant in plea negotiations, resulting in the defendant rejecting a plea offer; and (2) the remedies available where a defendant in these circumstances shows both ineffective assistance and prejudice. Otherwise, we affirm. I. Background ¶2 In 2002, the People charged defendant ...
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