Colorado § 16-12-202 Unitary procedure for appeals - scope and applicability

Colorado Statutes

§ 16-12-202 — Unitary procedure for appeals - scope and applicability

Colorado·Title 16 Criminal·Art. Review of Judgments in Criminal Cases

(1)Notwithstanding any state statute or rule of the Colorado supreme court to the contrary, this part 2 and the supreme court rules adopted pursuant to this part 2 establish the only procedure for challenging a sentence of death or the conviction that resulted in the sentence of death.

(2)This part 2 does not apply to class 1 felony cases in which a sentence of death is not sought or to class 1 felony convictions for which the death penalty is not imposed.

(3)This part 2 shall apply to any class 1 felony conviction for which the death penalty is imposed as punishment, regardless of whether the sentence is imposed pursuant to section 18-1.3-1201, 18-1.3-1302, or 18-1.4-102, C.R.S., which death sentence is imposed on or after the date upon which the supreme court adopts rules

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(1)
Notwithstanding any state statute or rule of the Colorado supreme court to the
contrary, this part 2 and the supreme court rules adopted pursuant to this part 2
establish the only procedure for challenging a sentence of death or the conviction
that resulted in the sentence of death.

(2) This part 2 does not apply to class 1 felony cases in which a sentence of
death is not sought or to class 1 felony convictions for which the death penalty is
not imposed.

(3) This part 2 shall apply to any class 1 felony conviction for which the death
penalty is imposed as punishment, regardless of whether the sentence is imposed
pursuant to section 18-1.3-1201, 18-1.3-1302, or 18-1.4-102, C.R.S., which death
sentence is imposed on or after the date upon which the supreme court adopts
rules implementing the unitary system of review established by this part 2.

(4) For cases in which a death sentence is imposed prior to the date upon
which the Colorado supreme court adopts rules implementing the unitary system of
review established by this part 2, appellate review and postconviction review shall
be as otherwise provided by law.

Colorado § 16-12-202 (Unitary procedure for appeals - scope and applicability) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 97: Entire part added, p. 1574, � 1, effective June 4. L. 2002: (3) amended, p. 1497, � 150, effective October 1. L. 2002, 3rd Ex. Sess.: (3) amended, p. 33, �� 25, 26, effective July 12.