and County of Denver District Court No. 15CR3728. Honorable
Sheila A. Rappaport, Judge.
J. Weiser, Attorney General, Brock J. Swanson, Assistant
Attorney General, Denver, Colorado, for Plaintiff-Appellee.
M. Medina, Pro se.
JUDGE Dailey and Lipinsky, JJ., concur.
Opinion Modified On the Court's Own Motion
[¶1] Defendant, Delano M. Medina, pleaded
guilty to second degree assault and was sentenced to four
years in the custody of the Department of Corrections. Medina
then filed two motions asking the court to dismiss his
conviction under the Uniform Mandatory Disposition of
Detainers Act (UMDDA), sections 16-14-101 to -108, C.R.S.
Medina's first motion was a motion to dismiss for lack of
subject matter jurisdiction pursuant to C.R.C.P. 60(b)(4),
and his second motion was a postconviction motion pursuant to
Crim. P. 35(c) . The district court construed both
motions as a petition for postconviction relief pursuant to
Crim. P. 35(c) . The court then denied the motions.
[¶2] On appeal, Medina contends that the
district court lacked jurisdiction to accept his guilty plea
and should have dismissed the case under section 16-14-104,
C.R.S. 2018. His contention is based on the premise that he
was not brought to trial within the statutorily required time
period under the UMDDA. Because we disagree with Medina's
contention, we affirm the district court's order.
[¶3] Medina contends that he made a valid
request for final disposition in accordance with the
requirements of the UMDDA, and that the district court did
not have jurisdiction under section 16-14-104 to accept his
guilty plea because ...