Public-domain · open source
OpenJurist

826 P.2d 382

15 BriefTimesRptr. 1230

People v. Simons

Colorado Court of Appeals

Decided September 12, 1991

Colorado Court of Appeals · decided 1991-09-12

Cited by 3 later decisions — most recently August 2007

3 state decisions

Key passage — most relied on by later courts

“Unless the motion and the files and record of the ease show to the satisfaction of the court that the prisoner is not entitled to relief, the court shall cause a copy of said motion to be served on the prosecuting attorney, grant a prompt hearing thereon, and take whatever evidence is necessary for the disposition of the motion. In all cases, the court shall determine the issues and make findings of fact and conclusions of law with respect thereto.”

quoted by 1 later decision, including People v. Stark

Relies on White v. Denver District Court, Division 12 · People v. Crater

Good law ✅— No negative treatment on recordhow we know

Decided 1991-09-12

View the full empirical analysis of this case →

¶1 Opinion by

Judge NEY.

¶2 Defendant, Steven Simons, appeals the order of the trial court denying his Crim.P. 35(c) motion for post-conviction relief. We vacate the order and remand for further proceedings.

¶3*383 Defendant entered a plea of guilty to a charge of first degree sexual assault. Subsequently, he filed a motion for postconviction relief, alleging that he had received ineffective assistance of counsel and had been inadequately advised of the consequences of his plea. The trial court denied the motion without making any findings of fact or conclusions of law.

¶4 Defendant contends that the trial court impermissibly denied his motion without a hearing and failed to make any findings of fact or conclusions of law. We perceive no error in the denial of the motions without a hearing, however, we agree the trial court erred in failing to make any findings or conclusions of law.

¶5 A motion under Crim.P. 35(c) may be dismissed without a hearing if the motion, the files, and the record clearly establish that the defendant is not entitled to relief. See White v. Denver District Court, 766 P.2d 632 (Colo.1988). The record here supports the trial court’s determination of the motion without a hearing.

¶6 However, Crim.P. 35(c) specifically requires that the trial court make findings of fact and conclusions of law in resolving all appropriate issues raised in defendant’s motion. People v. Crater, 182 Colo. 248, 512 P.2d 623 (1973).

¶7 Here, since the trial court did not comply with Crim.P. 35(c), the order is vacated, and the cause is remanded for findings of fact and conclusions of law.

PLANK and JONES, JJ., concur.
/826/p2d/382 · .json · Public domain