§ 16-12-207 — Supreme court - appeal - filing of notice

(1) (a) If the defendant
waives his or her right to postconviction review as provided in section 16-12-204, but
intends to proceed with direct appeal, trial counsel, direct appeal counsel, if
appointed or retained, or the defendant, if proceeding on direct appeal without
counsel, shall file any notice of appeal for purposes of direct appeal in the Colorado
supreme court.

(b) If the trial court conducts postconviction review and the defendant
intends to seek direct appeal or postconviction review appeal, the notices of appeal,
including both direct appeal and postconviction review appeal issues, shall be filed
in the Colorado supreme court.

(2) Any appeal to the Colorado supreme court filed by the defendant
pursuant to this part 2 shall consolidate and resolve, in one proceeding, all direct
appeal and postconviction review appeal issues.

(3) The prosecution may appeal any final ruling by the trial court in the
course of proceedings pursuant to this part 2, including but not limited to:

(a) A ruling granting a motion for new trial or other relief; and

(b) A ruling by the trial court granting postconviction relief; and

(c) A ruling by the trial court that any statute, including but not limited to a
statute providing for the imposition of the death penalty, is adjudged inoperative or
unconstitutional for any reason.

(4) Any appeal filed by the defendant or by the prosecution pursuant to this
part 2 shall be taken directly to the Colorado supreme court.

Legislative History

Source: L. 97: Entire part added, p. 1579, � 1, effective June 4.