Hellman v. Rhodes

In this original proceeding under C.A.R. 21, we ordered the El Paso County District Court to show cause why it should not be required to vacate its order dismissing the appeal of Harald Hellman from a county court judgment of conviction of two charges under the Uniform Motor Vehicle Law, Title 42, articles 1 to 4, 17 C.R.S. (1984). The district court dismissed the appeal on the basis that it was not filed within the time allowed by the Colorado Rules of Criminal Procedure. We conclude that Hellmans appeal was timely because the judgment from which he appealed was not final until a sentence was imposed, and his notice of appeal was filed within thirty days thereafter, as authorized by Crim. P. 37. We therefore make the rule absolute.