People v. Sosa, 2016 COA 92

In 2012 Sosa (age 36) was found leaving a hotel room with a 15‑year‑old; police recovered a condom with DNA and charged him with contributing to the delinquency of a minor, sexual assault, and marijuana possession.
Sosa pleaded guilty to an amended count of attempted contributing to the delinquency of a minor (Count 1) and was sentenced to three years probation on that count.
As part of a plea deal Sosa pleaded guilty to patronizing a prostituted child (Count 4) and received a deferred judgment and sentence plus sex‑offender intensive supervised probation.
A probation‑department complaint later sought revocation of the deferred judgment based on treatment noncompliance; while that revocation was pending, Sosa moved to withdraw both guilty pleas (Crim. P. 35(c) for Count 1 and Crim. P. 32(d) for Count 4), alleging ineffective assistance of counsel re: collateral consequences and probationability.
The district court held an evidentiary hearing and denied the motion to withdraw both pleas; Sosa appealed. The People moved to dismiss the appeal for lack of jurisdiction as to the Crim. P. 32(d) claim because no final judgment had been entered on the deferred judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court of appeals has jurisdiction to hear an appeal of denial of a Crim. P. 32(d) motion to withdraw a plea tied to a deferred judgment before revocation and sentencing	The appeal is not appealable because no final judgment exists while the deferred judgment remains unrevoked	Sosa argued counsel was ineffective in advising him of collateral consequences and inability to comply with deferred‑judgment conditions; he sought withdrawal under Crim. P. 32(d) before revocation	Dismissed without prejudice for lack of appellate jurisdiction; no final judgment exists until revocation leads to conviction and sentence
Whether the denial of Sosa’s Crim. P. 35(c) motion (as to Count 1, for which he was sentenced) is reviewable and reversible	People implicitly argued the ruling was proper and the claim was not preserved for appeal	Sosa sought withdrawal of Count 1 plea under Crim. P. 35(c) for ineffective assistance; he appealed denial but raised no appellate arguments	Affirmed; court declined to consider reversal where appellant failed to present arguments on appeal

People v. Carbajal, 198 P.3d 102 (Colo. 2008) (deferred judgment is not a final judgment and is not subject to direct appeal until revoked)
People v. Guatney, 214 P.3d 1049 (Colo. 2009) (definition of final judgment for appellate jurisdiction)
People v. Gabriesheski, 262 P.3d 653 (Colo. App. 2011) (no final judgment until conviction and sentence are imposed)
In re Water Rights of Elk Dance Colo., LLC, 139 P.3d 660 (Colo. 2006) (a court must decide its own jurisdiction)
People v. Wiedemer, 899 P.2d 283 (Colo. App. 1994) (a guilty plea alone does not constitute a judgment; sentence must accompany judgment)