§ 16-7-206 — Guilty pleas - procedure and effect

Colorado § 16-7-206

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Separate Trial - Arraignment - Plea Agreements -

Text

(1) Every person charged
with an offense shall be permitted to tender a plea of guilty to that offense if the
following conditions have been satisfied:

(a) The court shall have advised the defendant that if the plea is accepted
the defendant shall be determined to have waived his right to trial by jury on all
issues including the determination of the penalty to be assessed, and the court
shall also have advised the defendant as to the maximum and minimum penalties
that the court may impose.

(b) In class 1 felonies or where the plea of guilty is to a lesser included
offense, a written consent has been filed with the court by the district attorney.

(c) In all felony, level 1 drug misdemeanor, and class 1 misdemeanor cases,
the defendant shall be represented by counsel or waive his right thereto in open
court, and the guilty plea shall be tendered in open court by the defendant in the
presence of counsel, if any.

(2) The refusal or consent of the district attorney or the court to accept a
plea of guilty to the charge shall not be a basis for assignment of error, and such
refusal or acceptance by the district attorney or court is final.

(3) The acceptance by the court of a plea of guilty acts as a waiver by the
defendant of the right to trial by jury on all issues including the determination of
the penalty to be assessed, and the acceptance of such plea also acts as a
conviction for the offense.

Legislative History

Source: L. 72: R&RE, p. 221, � 1. C.R.S. 1963: � 39-7-206. L. 2013: (1)(c) amended, (SB 13-250), ch. 333, p. 1930, � 43, effective October 1.