DePriest v. People.
2021 CO 40. No. 20SC438. Grounds for Dismissal—Mootness—Collateral Consequences.
June 1, 2021
In this opinion, the Supreme Court reviewed an order of a divided panel of the Court of Appeals summarily granting the People’s motion to dismiss defendant’s appeal from the revocation of his deferred judgment and sentence as moot.
The Court held that the appeal is not moot. If 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 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 order of dismissal was vacated and the case was remanded to the Court of Appeals to proceed with the appeal on the merits.