Petitioner: Wesley Richard DePriest v. Respondent: The People of the State of Colorado.

2021 CO 40
Supreme Court of Colorado·Decided June 1, 2021·No. Supreme Court Case No. 20SC438·Published·Cited by 484 cases

Opinion

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

Grounds for DismissalMootnessCollateral Consequences.

In this opinion, the supreme court reviews an order of a divided panel of the court of appeals, summarily granting the People's motion to dismiss the defendant's appeal from the revocation of his deferred judgment and sentence as moot.

The supreme court holds that the appeal is not moot because, if the defendant prevails in his appeal, his conviction would be vacated, his deferred judgment and sentence would be reinstated, and any sentences resulting from the improperly imposed conviction would be reversed. Because the defendant faces direct and collateral consequences from the revocation of his deferred judgment and sentence and the entry of the judgment of conviction, the division erred in dismissing his appeal as moot.

Accordingly, the supreme court vacates the order of dismissal and remand the case to the court of appeals to proceed with the appeal on the merits.

Certiorari to the Colorado Court of Appeals

Court of Appeals Case No. 18CA156

Judgment Vacated

en banc

Attorneys for Petitioner:

Megan A. Ring, Public Defender

Meredith K. Rose, Deputy Public Defender

Denver, Colorado

Attorneys for Respondent:

Philip J. Weiser, Attorney General

William G. Kozeliski, Senior Assistant Attorney General

Denver, Colorado

JUSTICE BERKENKOTTER delivered the Opinion of the Court.

¶1 We review the court of appeals' divided order in People v. DePriest, No. 18CA156 (Apr. 20, 2020), summarily granting the People's motion to dismiss the defendant's appeal from the revocation of his deferred judgment and sentence as moot. We hold that the appeal is not moot because, if the defendant prevails in his appeal, his conviction would be vacated, his deferred judgment and sentence would be reinstated, and any sentences resulting from the improperly imposed conviction would be reversed. Accordingly, we vacate the order of dismissal and remand the case to the court of appeals to proceed with the appeal on the merits.

I. Facts and Procedural History

¶2 In June 2016, Wesley Richard DePriest entered into a plea agreement in

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Petitioner: Wesley Richard DePriest v. Respondent: The People of the State of Colorado., 2021 CO 40 (Colo. 2021).

2021 CO 40 (Petitioner: Wesley Richard DePriest v. Respondent: The People of the State of Colorado.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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