People v. Jenkins

The defendant, Kenneth George Jenkins, appeals the order of the trial court denying his Crim. P. 35(a) and 35(b) motions. The court denied the 35(a) motion on the ground that it was untimely, and denied the relief sought in the 35(b) motion as precluded by People v. Herrera, 183 Colo. 155, 516 P.2d 626 (1973). At the heart of both rulings is the trial courts premise that the defendant was sentenced in August 1973, after reception of his nolo contendere plea, rather than in January 1976, after revocation of his probation. A document purporting to be a sentence was filed on each of these dates and entered in the register of actions. We reverse.