Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Judicial Branch’s homepage at http://www.courts.state.co.us. Opinions are also posted on the Colorado Bar Association’s homepage at http://www.cobar.org. ADVANCE SHEET HEADNOTE June 22, 2020 2020 CO 59 No. 18SC572, People v. Figueroa-Lemus—Matters Subject to Appeal—Immigration Advisements Both the People and Figueroa-Lemus petitioned for review of the court of appeals’ judgment affirming the denial of the defendant’s Crim. P. 32(d) motion to withdraw his guilty plea. The People challenge the appellate court’s jurisdiction on the grounds that until the defendant is actually sentenced and judgment of conviction enters, there can be no final judgment from which an appeal would lie. The defendant challenges the appellate court’s ultimate conclusion on the merits that he was not entitled to an advisement by his counsel to the effect that he would be detained without bond during the pendency of any deportation proceedings initiated against him by the federal government. The supreme court vacates the court of appeals’ opinion. Because a guilty plea taken pursuant to a statutorily sanctioned stipulation to defer judgment and sentence does not become a final, appealable judgment unless and until the deferral is revoked, sentence is actually imposed, and judgment of conviction enters, the defendant was without any immediate right to appeal the denial of his Crim. P. 32(d) motion, and the court of appeals was therefore not authorized to entertain the defendant’s claim. The supreme court chooses, nevertheless, to exercise its original jurisdiction in this case, and finds that the defendant was adequately advised concerning the deportation consequences of his plea, and therefore the district court did not abuse its discretion in denying his motion to withdraw. The Supreme Court of the State of Colorado 2 East 14th Avenue • Denver, Colorado 80203 2020 CO 59 Supreme Court Case No. 18SC572 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 14CA1181 Petitioner/Cross-Respondent: The People of the State of Colorado, v. Respondent/Cross-Petitioner: Eswin Ariel Figueroa-Lemus. Judgment Vacated en banc June 22, 2020 Attorneys for Petitioner/Cross-Respondent: Philip J. Weiser, Attorney General William G. Kozeliski, Senior Assistant Attorney General Denver, Colorado Attorneys for Respondent/Cross-Petitioner: Megan A. Ring, Public Defender Mark Evans, Deputy Public Defender Denver, Colorado CHIEF JUSTICE COATS delivered the Opinion of the Court. ¶1 Both the People and Figueroa-Lemus petitioned for review of the court of appeals’ judgment affirming the denial of the defendant’s Crim. P. 32(d) motion to withdraw his guilty plea. The People challenge the appellate court’s jurisdiction on the grounds that until the defendant is actually sentenced and judgment of conviction enters, there can be no final judgment from which an appeal would lie. The defendant challenges the appellate court’s ultimate conclusion on the merits that he was not entitled to an advisement by his counsel to the effect that he would be detained without bond during the pendency of any deportation proceedings initiated against him by the federal government. ¶2 Because a guilty plea taken pursuant to ...
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