(1.5) If an appellate court can determine on the face of the motion, files, and record in a case that a collateral attack is outside the time limits specified in subsection (1) of this section, the appellate court may deny relief on that basis, regardless of whether the issue of timeliness was raised in the trial court.
All class 1 felonies: No limit All other felonies: Three years Misdemeanors: Eighteen months Petty offenses: Six months
Source: L. 81: Entire section added, p. 926, § 3, effective July 1. L. 84: (2)(b) and (2)(c) amended and (2)(d) added, p. 486, § 1, effective February 6. L. 98: (1.5) added, p. 948, § 10, effective May 27. L. 2001: Entire section amended, p. 734, § 4, effective July 1. L. 2002: (4)(b) amended, p. 1016, § 17, effective June 1; (3) repealed, p. 761, § 11, effective July 1. L. 2006: (2)(c) amended, p. 1397, § 41, effective August 7. L. 2018: IP(2) and (2)(c) amended, (SB 18-091), ch. 35, p. 384, § 14, effective August 8. L. 2021: (4) amended, (SB 21-059), ch. 136, p. 713, § 23, effective October 1.
Cross references: (1) For collateral attacks upon convictions of traffic infractions, see § 42-4-1708 (5); for collateral attacks upon convictions of alcohol- or drug-related traffic offenses, see § 42-4-1702.
(2) For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.