§ 16-12-102 — Appeals by the prosecution

Colorado § 16-12-102

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Review of Judgments in Criminal Cases

Text

(1) The prosecution may appeal any
decision of a court in a criminal case upon any question of law. Any order of a court
that either dismisses one or more counts of a charging document prior to trial or
grants a new trial after the entry of a verdict or judgment shall constitute a final
order that shall be immediately appealable pursuant to this subsection (1). If any act
of the general assembly is adjudged inoperative or unconstitutional in any criminal
case, it is the duty of the district attorney of the judicial district in which the court
making such decision is situated to appeal on behalf of the people of the state of
Colorado, unless the same issue of constitutionality is already pending before a
reviewing court in another case. Nothing in this section shall authorize placing the
defendant in jeopardy a second time for the same offense. No docket fee shall be
required of the people upon an appeal under this section. The procedure to be
followed in filing and prosecuting appeals under this section shall be as provided by
applicable rule of the supreme court of Colorado. However, if a statute providing for
the imposition of the death penalty is adjudged inoperative or inapplicable for any
reason, such adjudication shall constitute a final order that shall be immediately
appealable to the supreme court of Colorado, notwithstanding any statute or court
rule to the contrary.

(2) The prosecution may file an interlocutory appeal in the supreme court
from a ruling of the trial court granting a motion made in advance of trial by the
defendant for the return of property and to suppress evidence or granting a motion
to suppress an extrajudicial confession or admission if the prosecution certifies to
the judge who granted such motion and to the supreme court that the appeal is not
taken for the purposes of delay and the evidence is a substantial part of the proof
of the charge pending against the defendant. The prosecution may also file an
interlocutory appeal in the supreme court from a ruling of the trial court granting a
motion in limine pertaining to the matters described in this subsection (2), or from a
ruling on a motion made pursuant to section 18-1-202 (11), C.R.S., challenging the
place of trial or from a ruling on a motion to disqualify a district attorney pursuant
to section 20-1-107, C.R.S.

Legislative History

Source: L. 72: R&RE, p. 253, � 1. C.R.S. 1963: � 39-12-102. L. 86: Entire section amended, p. 734, � 4, effective July 1. L. 89: (2) amended, p. 863, � 4, effective April 12. L. 91, 2nd Ex. Sess.: (1) amended, p. 15, � 1, effective October 7. L. 92: (2) amended, p. 400, � 8, effective June 3. L. 93: (1) amended, p. 1728, � 8, effective July 1. L. 98: (1) amended, p. 948, � 9, effective May 27. L. 2000: (1) amended, p. 453, � 9, effective April 24. L. 2002: (2) amended, p. 759, � 5, effective July 1.