§ 16-12-203 — Definitions

As used in this part 2, unless the context otherwise
requires:

(1) Direct appeal means the appeal to the Colorado supreme court of any
issues raised at the entry of a guilty plea, before trial, at trial, at the penalty phase
hearing, or in a motion for new trial.

(2) Direct appeal counsel means the attorney retained by the defendant, or
appointed by the trial court to represent an indigent defendant, as the successor to
trial counsel for purposes of representing the defendant in direct appeal
proceedings.

(3) New postconviction counsel means the attorney retained by the
defendant, or appointed by the trial court to represent an indigent defendant, for
the purposes of representing the defendant in postconviction review and
postconviction review appeal proceedings. New postconviction counsel cannot have
previously represented the defendant with regard to the class 1 felony charge.

(4) Postconviction review means review as provided in this part 2 by the
trial court that occurs after conviction in a class 1 felony case in which the death
penalty is imposed as punishment.

(5) Postconviction review appeal means the appeal to the Colorado
supreme court of any issues raised in postconviction review proceedings.

(6) Trial counsel means the attorney who represents the defendant with
regard to the class 1 felony charge: For the purposes of any guilty plea; before trial;
at trial; at the penalty phase hearing; for the purposes of a motion for new trial; for
the purposes of postconviction review if the defendant chooses to continue with
trial counsel for purposes of postconviction review; and for the purposes of direct
appeal if the defendant chooses to continue with trial counsel for purposes of
direct appeal. Trial counsel does not include new postconviction counsel
appointed pursuant to section 16-12-205 or direct appeal counsel.

Legislative History

Source: L. 97: Entire part added, p. 1574, � 1, effective June 4.