If the defendant intends to introduce
evidence that the defendant was at a place other than the location of the offense, the defendant
shall serve upon the prosecuting attorney as soon as practicable, but not later than thirty-five
days before trial, a statement in writing specifying the place where the defendant claims to have
been and the names and addresses of the witnesses the defendant will call to support the defense
of alibi. Upon receiving the defendant's statement, the prosecuting attorney shall advise the
defendant of the names and addresses of any additional witnesses who may be called to refute
such alibi as soon as practicable after the names of such witnesses become known. Neither the
prosecuting attorney nor the defendant shall be permitted at the trial to introduce evidence
inconsistent with the specification statement unless the court for good cause and upon just terms
permits the specification statement to be amended. If the defendant fails to make the
specification required by this section, the court shall exclude evidence offered in support of the
defense of alibi unless the court finds upon good cause shown that such evidence should be
admitted in the interest of justice.
Source: L. 72: R&RE, p. 220, § 1. C.R.S. 1963: § 39-7-102. L. 74: Entire section
amended, p. 238, § 1, effective March 19. L. 93: Entire section amended, p. 517, § 7, effective
July 1. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 850, § 75, effective July 1.
PART 2
ARRAIGNMENT
Notes of Decisions
Cited in
7
cases, 1975–1992 · leading case:
People v. Hampton, 696 P.2d 765 (Colo. 1985).
People v. Hampton, 696 P.2d 765 (Colo. 1985).
· cites it 12× “1 is almost identical to section 16-7-102, 8 C.R.S. (1978), which was originally enacted as part of the Colorado Code of Criminal Procedure with an effective date of July 1, 1972.”
People v. Nunez, 841 P.2d 261 (Colo. 1992).
· cites it 4× “Nunez filed a notice of alibi pursuant to section 16-7-102, 8A C.R.S. (1986). At trial, Nunez testified that he did not commit the crime and that at the time of the offense he was attending a New Year's Eve party.”
Taliaferro v. State, 456 A.2d 29 (Md. 1983).
· cites it 2× “[12] Colo. Rev. Stat. § 16-7-102 (1978); Ind. Code Ann.”
People v. Marquez, 692 P.2d 1089 (Colo. 1984).
· cites it 2× “" § 16-7-102, 8 C.R.S. (1978). Thus, defendant's theory was not grounded upon evidence in the record.”
People v. Montgomery, 743 P.2d 439 (Colo. Ct. App. 1987).
· cites it 2× “Here, the defendant not only failed to provide notice of the defense of alibi as required by § 16-7-102, C.R.S. (1986 RepLVol. 8A), he also failed to request an instruction on alibi.”
People v. Banks, 804 P.2d 203 (Colo. Ct. App. 1990).
· cites it 2× “” The trial court refused to include that language in its instruction to the jury because defendant had failed to give any notice of alibi as required by § 16-7-102, C.R.S. (1986 Repl.Yol. 8A) and *206 Crim.”
People v. McCabe, 546 P.2d 1289 (Colo. Ct. App. 1975).
· cites it 2× “The People have not asserted that the defendant failed to provide to the district attorney notice of the alibi defense as required by § 16-7-102, C.R.S.1973, and Crim.P. 12.1.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.