Background
In 1996, a jury convicted Robert Jones of nearly 30 felony counts, including multiple kidnapping, aggravated robbery, and conspiracy offenses. He received an aggregate 148-year Department of Corrections sentence. On direct appeal, the Colorado Court of Appeals affirmed in part, vacated in part, and remanded for entry of a single conspiracy conviction; on remand, the district court vacated Jones’s conviction for conspiracy to commit second-degree kidnapping.
Jones later filed numerous postconviction motions, which were denied. In March 2024, he filed another postconviction challenge that purported to incorporate a supporting brief by reference, though no such brief had been filed. In April 2024, the postconviction court denied the motion as successive and untimely. Jones filed his notice of appeal in December 2024.
The Court’s Holding
The Colorado Court of Appeals dismissed the appeal for lack of jurisdiction. Colorado Appellate Rule 4(b)(1) required Jones to file his notice of appeal within 49 days after entry of the April 2024 order.
Because Jones filed the notice in December 2024, more than 49 days after the order he sought to appeal, the court lacked jurisdiction. The court therefore did not reach Jones’s arguments that his sentence was an unconstitutional de facto life sentence, that a lost trial transcript denied meaningful review, or that the time bar should be tolled.
Key Takeaways
- A criminal defendant must file a notice of appeal within 49 days of the appealed order under C.A.R. 4(b)(1).
- An untimely notice of appeal deprives the Colorado Court of Appeals of jurisdiction.
- Jurisdictional untimeliness prevents review of the merits of postconviction claims.
Why It Matters
The decision underscores that appellate deadlines in Colorado criminal cases are jurisdictional. Even potentially significant constitutional or postconviction arguments cannot be considered when the notice of appeal is filed outside the prescribed period.