Peo v. Jelosek
CourtColorado Court of Appeals
Date FiledOctober 29, 2026
Docket24CA2098
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
24CA2098 Peo v Jelosek 10-29-2026
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA2098
Larimer County District Court Nos. 17CR1173 & 17CR2289
Honorable Laurie K. Dean, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Eric Jelosek,
Defendant-Appellant.
ORDERS AFFIRMED
Division VI
Opinion by JUDGE WELLING
Kuhn and Meirink, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced October 29, 2026
Philip J. Weiser, Attorney General, Austin R. Johnston, Assistant Attorney
General, Denver, Colorado, for Plaintiff-Appellee
Daniel Eric Jelosek, Pro Se
¶1 Defendant, Daniel Eric Jelosek, appeals the postconviction
court’s orders denying his Crim. P. 35(c) motions on the ground
that they were time barred. We affirm.
I. Background
¶2 In 2017, Jelosek pleaded guilty to stalking and second degree
criminal trespass in Larimer County District Court case number
17CR1173 (the first case). Pursuant to the parties’ sentencing
stipulation, the district court ordered a two-year deferred judgment
on the stalking conviction and imposed a concurrent two-year
probationary sentence on the trespassing conviction.
¶3 Two months later, Jelosek was again charged with stalking the
same victim, as well as two counts of violation of a protection order,
in Larimer County District Court case number 17CR2289 (the
second case). In the first case, the prosecution filed a complaint to
revoke Jelosek’s deferred judgment and probation.
¶4 Soon after, the parties entered into plea agreements resolving
both cases. In the first case, Jelosek admitted the revocation
complaint and agreed to the revocation of his deferred judgment
and probation. In the second case, Jelosek agreed to, and did,
plead guilty to stalking. The district court accepted the agreements
1
and sentenced Jelosek on December 7, 2017, to (1) two years in the
custody of the Department of Corrections (DOC) with a concurrent
six-month jail sentence in the first case and (2) a concurrent two-
year DOC sentence in the second case.
¶5 Exactly three years later, on December 7, 2020, Jelosek filed
lengthy pro se Crim. P. 35(c) motions in both cases (the 2020
motions). For a reason that isn’t clear in the record, both motions
were filed in the second case. On December 9, 2020, the
postconviction court issued a single written order summarily
denying Jelosek’s request for relief pursuant to Crim. P. 35.
Jelosek didn’t appeal that order.
¶6 Nearly four years later, Jelosek filed the two nearly identical
pro se Crim. P. 35(c) motions at issue here, one in each case (the
2024 motions). In them, he raised a variety of postconviction
claims seeking to withdraw his guilty pleas. He also presented
allegations seeking to show that his failure to timely file the motions
was the result of circumstances amounting to “justifiable excuse or
excusable neglect.” § 16-5-402(2)(d), C.R.S. 2026.
¶7 The postconviction court issued written orders denying the
2024 motions as time barred.
2
II. Applicable Law and Standard of Review
¶8 A court may deny a Crim. P. 35(c) motion without a hearing if,
among other things, the record directly refutes the allegations in the
motion. People v. Lopez, 2025 COA 73, ¶ 8.
¶9 We review de novo the summary denial of a Crim. P. 35(c)
motion, including a denial on the ground that the motion was time
barred. People v. Cali, 2020 CO 20, ¶ 14; People v. Chavez-Torres,
2019 CO 59, ¶ 11.
III. Analysis
A. Time Barred
¶ 10 Unless an exception under section 16-5-402(2) applies, Crim.
P. 35(c) claims are subject to the time limitations set forth in
section 16-5-402(1). The time limitation to challenge a non-class 1
felony conviction is three years. § 16-5-402(1).
¶ 11 Because Jelosek didn’t pursue a direct appeal, his convictions
became final when he was sentenced on December 7, 2017, so he
had until December 7, 2020, to file any Crim. P. 35(c) motion. See
People v. Hernandez-Escajeda, 2024 COA 111, ¶ 20 (if a defendant
doesn’t directly appeal a judgment of conviction, his conviction is
final when the judgment entered) (cert. granted July 21, 2025). So
3
unless an exception under section 16-5-402(2) applies, the 2024
motions were time barred.
¶ 12 Jelosek asserted in the 2024 motions that he had justifiable
excuse or excusable neglect for the late filing because of the
“extreme circumstance” of health issues he had been experiencing
since 2014 caused by both toxic blood sugars and seizures leading
to head injuries. He asserted that these conditions led to, among
other things, having “very limited unclear cognitive associations and
understanding of [m]aterial facts and in what’s going on around
him,” and being “completely incapable of defending [himself] legally,
competently.” He added that “[i]t is only recently, within the year of
2024, that [he] has been able to regain enough cognition on a
consistent basis to be able to understand [p]rocedures, [f]acts and
[e]vidence, [m]ake logical [a]nalysis, and make [an] attempt as a
‘[r]easonable [i]ndividual’ would at defending himself legally.”
¶ 13 We conclude that the postconviction court didn’t err in
summarily denying Jelosek’s motions. As the postconviction court
ruled, Jelosek’s allegations regarding the “extreme” cognitive
impairments he was experiencing between 2017 and 2023, which
allegedly prevented him from filing any Crim. P. 35(c) motion before
4
2024, are refuted by the record in these cases and the record in a
more recent criminal case cited by the postconviction court in its
order.
¶ 14 In terms of these two cases, Jelosek’s allegation that he didn’t
have the mental capacity to file timely Crim. P. 35(c) motions by
December 7, 2020, is directly refuted by the record in this case,
which shows that he did indeed file timely and lengthy Crim. P.
35(c) motions in both cases on December 7, 2020. We also note
that in a letter Jelosek wrote to the court three months before filing
his December 2020 Crim. P. 35(c) motions, he wrote that over “the
past several months,” he had “learned that [he had] been wrongfully
charged [and] convicted three years ago.” Indeed, Jelosek learning
that he had allegedly been wrongfully charged and convicted in
these cases appears to be precisely what led him to file the timely
the 2020 motions.
¶ 15 And in terms of the record in the more recent criminal case
cited by the postconviction court, we, like the district court, may
“take judicial notice of the contents of court records in a related
proceeding.” Harriman v. Cabela’s Inc., 2016 COA 43, ¶ 64 (quoting
People v. Sa’ra, 117 P.3d 51, 56 (Colo. App. 2004)); see also People
5
v. Linares-Guzman, 195 P.3d 1130, 1135-37 (Colo. App. 2008) (it’s
appropriate for a court to take judicial notice of the court records in
the judicial branch’s case management system). The court records
in that case — Larimer County District Court case number
20CR771 — show that Jelosek was charged yet again with stalking
and violation of a protection order involving the same victim as
these cases, along with habitual criminal counts, showing that it is
clearly a “related proceeding.” Harriman, ¶ 64 (quoting Sa’ra, 117
P.3d at 56). That case file also contains an evaluation from the
Colorado Department of Human Services, Office of Behavioral
Health, determining that Jelosek was sane at the time of the
offenses in that case and was competent to proceed in that case.
The offenses in that case allegedly occurred in February or March of
2020, before Jelosek’s deadline of December 7, 2020, to file any
timely Crim. P. 35(c) motion in these cases. And the evaluation
finding Jelosek competent to proceed in that case took place in July
2021, which refutes Jelosek’s contention that he wasn’t competent
to file the 2024 motions until 2024.
6
B. Successive
¶ 16 We agree with the People that the 2024 motions are also
successive because the claims therein were raised, or could have
been raised, in the 2020 motions. Crim. P. 35(c)(3)(VI), (VII); see
also People v. Ray, 2025 CO 42M, ¶ 29 (An appellate court may
affirm “on any ground supported by the record, regardless of
whether that ground was relied upon or even contemplated by the
trial court.” (quoting People v. Eppens, 979 P.2d 14, 22 (Colo.
1999))).
IV. Disposition
¶ 17 The orders are affirmed.
JUDGE KUHN and JUDGE MEIRINK concur.
7