February 16, 2012

Colorado Court of Appeals 2-2-12 People v. Davis


People v. Davis            35(c)
Facts: Subsequent to a getting his parole revoked, Mr. Davis filed a 35(c) in the district court. Upon receipt of Mr. Davis’s motion, the trial court referred the motion to the Attorney General’s Office, but did not forward the same to the Public Defender. When Mr. Davis learned that the district court referred the matter to the Attorney General, he requested the district court appoint him a lawyer to represent him on the 35(c). The trial court denied Mr. Davis’ request for counsel. Further, after receiving an affidavit from DOC and a response from the Attorney General, the district court denied Mr. Davis’ motion without a hearing.
Issue: Whether the district court erred in referring the 35(c) motion to the prosecution but not the Public Defender?
Held: Yes.
Reasoning: The Court of Appeals reasoned the district court could have denied the 35(c) motion on its face. However, the Court of Appeals held that Rule 35(c) requires the court to send a copy to the Public Defender if the court seeks input from the prosecution.

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