(1) The prosecution may appeal any decision of a court in a criminal case upon any question of law. Any order of a court that either dismisses one or more counts of a charging document prior to trial or grants a new trial after the entry of a verdict or judgment shall constitute a final order that shall be immediately appealable pursuant to this subsection (1). If any act of the general assembly is adjudged inoperative or unconstitutional in any criminal case, it is the duty of the district attorney of the judicial district in which the court making such decision is situated to appeal on behalf of the people of the state of Colorado, unless the same issue of constitutionality is already pending before a reviewing court in another case. Nothing in this section shall authorize placing the defendant in jeopardy a second time for the same offense. No docket fee shall be required of the people upon an appeal under this section. The procedure to be followed in filing and prosecuting appeals under this section shall be as provided by applicable rule of the supreme court of Colorado. However, if a statute providing for the imposition of the death penalty is adjudged inoperative or inapplicable for any reason, such adjudication shall constitute a final order that shall be immediately appealable to the supreme court of Colorado, notwithstanding any statute or court rule to the contrary.
(2) The prosecution may file an interlocutory appeal in the supreme court from a ruling of the trial court granting a motion made in advance of trial by the defendant for the return of property and to suppress evidence or granting a motion to suppress an extrajudicial confession or admission if the prosecution certifies to the judge who granted such motion and to the supreme court that the appeal is not taken for the purposes of delay and the evidence is a substantial part of the proof of the charge pending against the defendant. The prosecution may also file an interlocutory appeal in the supreme court from a ruling of the trial court granting a motion in limine pertaining to the matters described in this subsection (2), or from a ruling on a motion made pursuant to section 18-1-202 (11), C.R.S., challenging the place of trial or from a ruling on a motion to disqualify a district attorney pursuant to section 20-1-107, C.R.S.
Source: L. 72: R&RE, p. 253, § 1. C.R.S. 1963: § 39-12-102. L. 86: Entire section amended, p. 734, § 4, effective July 1. L. 89: (2) amended, p. 863, § 4, effective April 12. L. 91, 2nd Ex. Sess.: (1) amended, p. 15, § 1, effective October 7. L. 92: (2) amended, p. 400, § 8, effective June 3. L. 93: (1) amended, p. 1728, § 8, effective July 1. L. 98: (1) amended, p. 948, § 9, effective May 27. L. 2000: (1) amended, p. 453, § 9, effective April 24. L. 2002: (2) amended, p. 759, § 5, effective July 1.
Notes of Decisions
Cited in
510
cases (
45 in the last 5 years), 1975–2026 · leading case:
v. Thompson, 2021 CO 15 (Colo. 2021).
v. Thompson, 2021 CO 15 (Colo. 2021).
· cites it 52× “8, § 16-12-102(1), 1993 Colo. Sess. Laws 1725 , 1728.”
People v. Gallegos, 946 P.2d 946 (Colo. 1997).
· cites it 91× “The prosecution cited section 16-12-102, 8A C.R.S. (1986), and People v.”
People v. Gabriesheski, 262 P.3d 653 (Colo. 2011).
· cites it 62× “In 1998, section 16-12-102(1) was amended to add that any order dismissing one or more counts of a charging document prior to trial shall constitute a final appealable order.”
People v. Young, 814 P.2d 834 (Colo. 1991).
· cites it 46× “We conclude that section 16-12-102(1) does not authorize this appeal but that we can and should exercise our original jurisdiction under C.”
v. N.t.b, 2019 COA 150 (Colo. Ct. App. 2019).
· cites it 11× “Jurisdiction and Standard of Review ¶ 10 Section 16-12-102(1), C.R.S. 2019, allows the prosecution to appeal a “final order” in a criminal case “upon any question of law.”
People v. S.X.G., 269 P.3d 735 (Colo. 2012).
· cites it 14× “12 Section 19-2-908(2) expressly authorizes the prosecution in a delinquency case to appeal "any decision of the trial court as provided in section 16-12-102, C.R.S." Seetion 16-12-102(2) permits the prosecution to file an interlocutory appeal in the supreme court from "a ruling…”
The PEOPLE of the State of Colorado v. Asha Adolphus THOMPSON, 500 P.3d 1075 (Colo. 2021).
· cites it 46× “Jurisdiction and Standard of Review ¶13 Section 16-12-102 (2) and C.A.R. 4.1 provide that the prosecution may file an interlocutory appeal in this court from a trial court 's ruling granting a defendant 's pretrial motion to suppress evidence if the prosecution certifies both to…”
People v. Cline, 2019 CO 33 (Colo. 2019).
· cites it 8× “3 This interlocutory appeal was filed pursuant to section 16-12-102(2), C.R.S. (2018), and C.”
People v. Moore, 226 P.3d 1076 (Colo. Ct. App. 2009).
· cites it 9× “Section 16-12-102(1), C.R.S$.2008, provides in pertinent part: The prosecution may appeal any decision of a court in a criminal case upon any question of law.”
People v. Thames, 2015 CO 18 (Colo. 2015).
· cites it 52× “The trial court also recognized that Thames had prior experience with the criminal justice system, but in light of other evidence, it could not determine that he understood the Miranda advisement he was given. ¶9      Accordingly, the trial court suppressed the statements…”
People v. Zuniga, 2016 CO 52 (Colo. 2016).
· cites it 8× “See § 16-12-102(2), C.R.S. (2015); C.A.R. 4.1.”
People v. George, 2017 COA 75 (Colo. Ct. App. 2017).
· cites it 8× “Rather than appealing the suppression order under section 16-12-102(1), C.R.S. 2016, the prosecution directed the investigator to seek a search warrant for the GPS device — which remained in police custody — from a different magistrate.”
— Colo. Rev. Stat. § 16-12-102(1) — 173 cases
People v. Gabriesheski, 262 P.3d 653 (Colo. 2011).
“In 1998, section 16-12-102(1) was amended to add that any order dismissing one or more counts of a charging document prior to trial shall constitute a final appealable order.”
v. N.t.b, 2019 COA 150 (Colo. Ct. App. 2019).
“Jurisdiction and Standard of Review ¶ 10 Section 16-12-102(1), C.R.S. 2019, allows the prosecution to appeal a “final order” in a criminal case “upon any question of law.”
People v. Gallegos, 946 P.2d 946 (Colo. 1997).
“The prosecution cited section 16-12-102, 8A C.R.S. (1986), and People v.”
People v. Moore, 226 P.3d 1076 (Colo. Ct. App. 2009).
“Section 16-12-102(1), C.R.S$.2008, provides in pertinent part: The prosecution may appeal any decision of a court in a criminal case upon any question of law.”
People v. Young, 814 P.2d 834 (Colo. 1991).
“We conclude that section 16-12-102(1) does not authorize this appeal but that we can and should exercise our original jurisdiction under C.”
— Colo. Rev. Stat. § 16-12-102(2) — 180 cases
v. Thompson, 2021 CO 15 (Colo. 2021).
“8, § 16-12-102(1), 1993 Colo. Sess. Laws 1725 , 1728.”
People v. Cline, 2019 CO 33 (Colo. 2019).
“3 This interlocutory appeal was filed pursuant to section 16-12-102(2), C.R.S. (2018), and C.”
People v. Thames, 2015 CO 18 (Colo. 2015).
“The trial court also recognized that Thames had prior experience with the criminal justice system, but in light of other evidence, it could not determine that he understood the Miranda advisement he was given. ¶9      Accordingly, the trial court suppressed the statements…”
People v. Zuniga, 2016 CO 52 (Colo. 2016).
“See § 16-12-102(2), C.R.S. (2015); C.A.R. 4.1.”
People v. S.X.G., 269 P.3d 735 (Colo. 2012).
“12 Section 19-2-908(2) expressly authorizes the prosecution in a delinquency case to appeal "any decision of the trial court as provided in section 16-12-102, C.R.S." Seetion 16-12-102(2) permits the prosecution to file an interlocutory appeal in the supreme court from "a ruling…”
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