(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.
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.
Notes of Decisions
Cited in
46
cases (
7 in the last 5 years), 1975–2026 · leading case:
Finney v. People, 325 P.3d 1044 (Colo. 2014).
Finney v. People, 325 P.3d 1044 (Colo. 2014).
· cites it 27× “Section 16-11-206, which governs the procedures at a revocation hearing, provides for certain advisements at revocation hearings: (1) At the first appearance of the probationer in court or at the commencement of the hearing, whichever is first in time, the court shall advise the…”
People v. Montour, 157 P.3d 489 (Colo. 2007).
· cites it 10× “§ 16-7-206, C.R.S. (2006). 1 I would then turn to section 18-1.”
People v. Wood, 2019 CO 7 (Colo. 2019).
· cites it 2× “, § 16-7-206(3), C.R.S. (2018) ("The acceptance by the court of a plea of guilty .”
v. People, 2020 CO 40 (Colo. 2020).
· cites it 2× “In other words, during the pendency of the deferred judgment and sentence period, a defendant may be treated for some purposes as “convicted,” even though no judgment of conviction has entered.”
Kazadi v. People, 291 P.3d 16 (Colo. 2012).
· cites it 2× “See § 16-7-206(3), C.R.S. (2012) (stating that a court's acceptance of a guilty plea "acts as a conviction for the offense").”
Juhl v. People, 172 P.3d 896 (Colo. 2007).
· cites it 2× “§ 16-7-206, C.R.S. (2007) ("The acceptance by the court of a plea of guilty .”
Patton v. People, 35 P.3d 124 (Colo. 2001).
· cites it 2× “The court must advise the defendant of the rights the defendant will waive if the court accepts the plea, as well as the maximum and minimum penalties the court may impose.”
People v. Gallegos, 950 P.2d 629 (Colo. Ct. App. 1997).
· cites it 2× “See § 16-7-206, C.R.S. (1986 Repl. Vol. 8A); People v.”
Moody v. Corsentino, 843 P.2d 1355 (Colo. 1993).
· cites it 2× “In addition, since a defendant who offers a guilty plea that is accepted by the court waives the right to a jury trial, § 16-7-206(3), 8A C.R.S. (1986), and since the court's acceptance of the plea "acts as a conviction for the offense," id.”
People v. Schneider, 25 P.3d 755 (Colo. 2001).
“" § 16-7-206(8), 6 CRS. (2000). After the court accepts a knowing and voluntary plea, "nothing remains but to give judgment and determine punishment.”
People v. Helms, 2016 COA 90 (Colo. Ct. App. 2016).
· cites it 2× “Section 16-11-206 ¶ 64 Section 16-11-206(1), (2) provides: (1) At the first appearance of the probationer in court or at the commencement of the hearing, whichever is first in time, the court shall advise the probationer as provided in section 16-7-206 insofar as such matters…”
People v. French, 165 P.3d 836 (Colo. Ct. App. 2007).
· cites it 3× “" Section 16-7-206(8), C.R.S.2006. After the court accepts a knowing and voluntary plea, "nothing remains but to give judgment and determine *843 punishment.”
— Colo. Rev. Stat. § 16-7-206(1) — 1 case
Finney v. People, 325 P.3d 1044 (Colo. 2014).
“Section 16-11-206, which governs the procedures at a revocation hearing, provides for certain advisements at revocation hearings: (1) At the first appearance of the probationer in court or at the commencement of the hearing, whichever is first in time, the court shall advise the…”
— Colo. Rev. Stat. § 16-7-206(1)(a) — 3 cases
Finney v. People, 325 P.3d 1044 (Colo. 2014).
“Section 16-11-206, which governs the procedures at a revocation hearing, provides for certain advisements at revocation hearings: (1) At the first appearance of the probationer in court or at the commencement of the hearing, whichever is first in time, the court shall advise the…”
Patton v. People, 35 P.3d 124 (Colo. 2001).
“The court must advise the defendant of the rights the defendant will waive if the court accepts the plea, as well as the maximum and minimum penalties the court may impose.”
— Colo. Rev. Stat. § 16-7-206(2) — 1 case
People v. Montour, 157 P.3d 489 (Colo. 2007).
“§ 16-7-206, C.R.S. (2006). 1 I would then turn to section 18-1.”
— Colo. Rev. Stat. § 16-7-206(3) — 30 cases
People v. Wood, 2019 CO 7 (Colo. 2019).
“, § 16-7-206(3), C.R.S. (2018) ("The acceptance by the court of a plea of guilty .”
v. People, 2020 CO 40 (Colo. 2020).
“In other words, during the pendency of the deferred judgment and sentence period, a defendant may be treated for some purposes as “convicted,” even though no judgment of conviction has entered.”
Kazadi v. People, 291 P.3d 16 (Colo. 2012).
“See § 16-7-206(3), C.R.S. (2012) (stating that a court's acceptance of a guilty plea "acts as a conviction for the offense").”
Moody v. Corsentino, 843 P.2d 1355 (Colo. 1993).
“In addition, since a defendant who offers a guilty plea that is accepted by the court waives the right to a jury trial, § 16-7-206(3), 8A C.R.S. (1986), and since the court's acceptance of the plea "acts as a conviction for the offense," id.”
— Colo. Rev. Stat. § 16-7-206(8) — 8 cases
Patton v. People, 35 P.3d 124 (Colo. 2001).
“The court must advise the defendant of the rights the defendant will waive if the court accepts the plea, as well as the maximum and minimum penalties the court may impose.”
People v. Schneider, 25 P.3d 755 (Colo. 2001).
“" § 16-7-206(8), 6 CRS. (2000). After the court accepts a knowing and voluntary plea, "nothing remains but to give judgment and determine punishment.”
People v. French, 165 P.3d 836 (Colo. Ct. App. 2007).
“" Section 16-7-206(8), C.R.S.2006. After the court accepts a knowing and voluntary plea, "nothing remains but to give judgment and determine *843 punishment.”
— Colo. Rev. Stat. § 16-7-206(l)(a) — 1 case
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