Wixson v. People, 24216
| Decision Date | 09 August 1971 |
| Docket Number | No. 24216,24216 |
| Citation | 487 P.2d 809,175 Colo. 348 |
| Parties | Harlan D. WIXSON, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Colorado Supreme Court |
Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Kenneth J. Russell, Deputy State Public Defender, Denver, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for defendant in error.
This appeal is taken from a denial of defendant's motion to dismiss. As this motion was filed after the defendant, Harlan D. Wixson, had pleaded guilty to and was sentenced for the charge involved, the trial court elected to treat the motion as one filed pursuant to Colo.R.Crim.P. 35(b).
On March 13, 1967, the defendant Wixson was charged with the crime of forgery in the Denver District Court. At the time of the filing he was in a California penitentiary. The Denver District Attorney placed a hold order upon him and Wixson obtained a parole in California upon the condition that he return to Denver to face charges there.
Defendant then appeared in Denver District Court, by counsel, and pleaded not guilty. Thereafter, defendant again appeared by counsel at a hearing where the forgery charge against him was dropped and a new count of short check felony was filed. The new charge was one which provided for a lesser penalty than the original forgery charge.
The defendant, again with counsel present, pleaded guilty to the new charge after having been fully advised of his rights. Thereafter, he appeared for sentencing with his attorney again present. At this time he was asked if he had anything to say as to why judgment should not be pronounced against him. He offered no statement at this time.
Two months later, appearing pro se, the defendant filed a motion to dismiss, contending that he had been denied a speedy trial. The trial court denied this motion without an evidentiary hearing. We affirm the trial court's action.
Although this court has never spoken directly to this point, the law from other jurisdictions is clear that a plea of guilty to a charge acts as a waiver to any argument a defendant may have had concerning the denial of a speedy trial. E.g., Fowler v. United States, 5 Cir., 391 F.2d 276; United States v. Doyle, 2 Cir., 348 F.2d 715, cert. denied, 382 U.S. 843, 86 S.Ct. 89, 15 L.Ed.2d 84; Annot., 57 A.L.R.2d 302, 343 (§ 13) (1958, Supp.1967 & 1971). See also Lucero v. People, 164 Colo. 247, 434 P.2d 128. As the defendant had already pleaded...
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People v. Bell, 82SA255
...A plea of guilty entered pursuant to a plea bargain acts as a waiver of the defendant's right to a speedy trial. See Wixson v. People, 175 Colo. 348, 487 P.2d 809 (1971). Until the guilty plea is accepted, however, the defendant's position before the court is substantially the same as it wa......
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People v. Aragon
...of appeals and its conclusion that the defendant's constitutional right to a speedy trial was violated. In our view, Wixson v. People, 175 Colo. 348, 487 P.2d 809 (1971), is a formidable barrier which prevents the defendant's plea of guilty from being set aside on the basis of a denial of t......
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People v. Aragon
...was requested and presented. We now conclude that resolution of this issue is dispositive of the appeal. Relying upon Wixson v. People, 175 Colo. 348, 487 P.2d 809 (1971), the People first contend that the defendant has waived his right to a speedy trial by entering a plea of guilty. In tha......
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People v. Madsen
...generally waives the defendant's right to assert speedy trial claims in a collateral attack on his conviction. Wixson v. People, 175 Colo. 348, 487 P.2d 809 (1971). Because a plea of nolo contendere, like a plea of guilty, ends the prosecution and exposes the defendant to the imposition of ......