Peo v. Herrera
22CA1230
Colo. Ct. App.Aug 22, 2024Background
- Rudy R. Herrera pleaded guilty to attempted robbery and received a two-year probation sentence.
- After violating probation, his probation was revoked and he was sentenced to two years in prison, with a four-day delay to report to jail.
- The court threatened to increase the sentence if Herrera failed to report; when he did not report, the sentence was increased to three years at a subsequent hearing.
- Herrera did not appeal this increase initially but later filed a Crim. P. 35(a) motion, arguing the court lacked jurisdiction to modify the sentence.
- The district court denied his motion, finding it retained jurisdiction, and Herrera completed his sentence during the appellate process.
- On appeal, Herrera challenged the legality of the sentence increase, but by then, his sentence was complete.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of the appeal | No explicit argument; relied on Herrera's completion of sentence | Herrera argued exception applies because legality of sentence is important and capable of repetition yet evading review | Appeal is moot; no exception applies |
| Authority to increase sentence after original imposition | District court retained jurisdiction until Herrera began serving sentence | The court lost jurisdiction after imposing the original sentence and could not later increase it | Court did not reach the merits due to mootness |
| Exception for issues capable of repetition yet evading review | Not addressed | Claimed the issue is important and would evade future review in similar short sentences | Court found the facts unlikely to recur or evade review |
Key Cases Cited
- Diehl v. Weiser, 2019 CO 70 (discusses mootness as a jurisdictional prerequisite)
- DePriest v. People, 2021 CO 40 (sets standard for mootness review)
- People v. Reeves, 252 P.3d 1137 (COA 2010) (appeal moot if relief would have no practical effect)
- Stackpool v. Colo. Dep’t of Revenue, 2021 COA 150 (issue evades review if effect too short for appellate resolution)
- Walton v. People, 2019 CO 95 (exception to mootness for issues capable of repetition but evading review)