The Court of Appeals affirmed the trial court's denial of Petitioner Clark's motion for post-conviction relief. Clark appeals the Court of Appeals' judgment. In his motion, Clark alleged that he was not advised of the length of mandatory parole he would serve as a direct consequence of pleading guilty to a class five-felony offense. The Supreme Court reverses the Court of Appeals' judgment and finds that Clark must be given the opportunity to withdraw his plea. The Supreme Court holds that where a defendant pleads guilty after being advised that he will serve a term of mandatory parole in addition to a sentence of incarceration, but where the defendant is not advised of the length of parole, the inadequacy of the advisement, if not harmless ab initio, cannot be rendered harmless by modifying the defendant's sentence of incarceration.
Judgment is reversed and the case is remanded.
These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.