issue based defense in Colorado

2024See Blehm v. People , 817 P.2d 988, 994 (Colo. 1991) . 5 ¶ 9 A defendant is incompetent to enter a guilty plea if, as a result of a mental or developmental disability, the defendant does not have (1) “sufficient present ability to consult with [his] lawyer with a reasonable degree of rational understanding in order to assist in t he defense,” or (2) “a rational and factual understanding of the criminal proceedings.” § 16 -8.5-101(12), C.R.S. 2023; see Godinez , 509 U.S. at 396. “‘Mental disability’ means a substantial diso rder of thought, mood, perception, or cognitive ability that results in

2024See Blehm v. People , 817 P.2d 988, 994 (Colo. 1991) . 5 ¶ 9 A defendant is incompetent to enter a guilty plea if, as a result of a mental or developmental disability, the defendant does not have (1) “sufficient present ability to consult with [his] lawyer with a reasonable degree of rational understanding in order to assist in t he defense,” or (2) “a rational and factual understanding of the criminal proceedings.” § 16 -8.5-101(12), C.R.S. 2023; see Godinez , 509 U.S. at 396. “‘Mental disability’ means a substantial diso rder of thought, mood, perception, or cognitive ability that results in

2016See People v. Rediger, 2015 COA 26 , ¶¶ 49-64, 411 P.3d 907 (discussing waiver of an issue based on defense counsel’s affirmative acquiescence) {cert, granted Feb. 15,2016). ¶ 11 Defendant also contends that the district court lacked the statutory authority to impose the conditions in the MPOs prohibiting defendant from possessing or using drugs, or driving without a valid driver’s license (the drug and driving eonditioris). ¶ 12 Because this preserved contention presents, a question of statutory interpretation, our review is de novo.

2010See also Cyr, 685 P.2d at 771 (recognizing that Colorado has held final any order that terminates the proceeding, prevents a party from further prosecuting the same, and relieves a party from further responding to the asserted claims).