Background
Acosta faced charges in two El Paso County criminal cases, including assaults, burglary, trespass, menacing, harassment, child abuse, and unlawful sexual contact. While she was on bond in one case, the State filed additional charges in another case; it also filed a third case alleging witness tampering and violation of a protection order.
Under a global plea agreement, Acosta pleaded guilty to second degree assault in each of the two cases at issue. The State dismissed the remaining charges and the third case, and the parties stipulated to concurrent nine-year prison sentences. Acosta later sought Crim. P. 35(c) relief, arguing through appointed counsel that the prosecutor had engaged in outrageous governmental conduct by overcharging her to induce a plea and by insufficiently considering mitigation in plea negotiations.
The Court’s Holding
The Colorado Court of Appeals affirmed the denial of postconviction relief, but on a different ground from the postconviction court. Acosta’s guilty pleas waived her claims of outrageous governmental conduct because those claims concerned alleged pre-plea errors and did not challenge the validity of the pleas themselves.
Although Acosta characterized the charging conduct as coercive, her supplemental motion expressly disclaimed any assertion that her pleas were unknowing, unintelligent, or involuntary. A guilty plea therefore foreclosed her independent due-process challenge to the prosecutor’s pre-plea conduct.
Key Takeaways
- A guilty plea generally waives nonjurisdictional claims based on events preceding the plea.
- A defendant seeking postconviction relief after a guilty plea must connect the alleged error to the plea’s knowing, voluntary, and intelligent nature.
- An appellate court may affirm a Rule 35(c) denial on any ground supported by the record.
Why It Matters
The decision reinforces that a defendant cannot preserve a standalone claim of pre-plea prosecutorial misconduct after pleading guilty unless the claim is directed to the plea’s validity. Labels such as “coercion” are insufficient when the defendant does not actually allege that the plea was involuntary.