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Colorado Revised Statutes

Colo. Rev. Stat. § 16-8-104 (2026)

Separate trial of issues

✓ current as of July 2026
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The issues raised by the plea of not guilty by reason of insanity shall be tried separately to different juries, and the sanity of the defendant shall be tried first. This section shall apply only to offenses committed before July 1, 1995.

Source: L. 72: R&RE, p. 226, § 1. C.R.S. 1963: § 39-8-104. L. 95: Entire section amended, p. 74, § 8, effective July 1.

Notes of Decisions
Cited in 21 cases, 1975–2015 · leading case: People v. Roark, 643 P.2d 756 (Colo. 1982).
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People v. Roark, 643 P.2d 756 (Colo. 1982). · cites it 6× “8), together with the requirement that a different jury consider the issue of guilt, section 16-8-104, C.R.S.1973 (1978 Repl.Vol.”
People v. Serravo, 823 P.2d 128 (Colo. 1992). · cites it 6× “Although we disagree with the court of appeals’ conclusion that the challenged jury instruction did not apply a subjective standard of morality to the right-wrong test for legal insanity, we conclude that a retrial of the defendant would violate the federal and state…”
People v. Morgan, 637 P.2d 338 (Colo. 1981). · cites it 6× “By enactment of section 16-8-104, C.R.S.1973 (1978 Repl. Vol.”
Bieber v. People, 856 P.2d 811 (Colo. 1993). · cites it 6× “At his sanity trial, pursuant to section 16-8-104, 8A C.R.S. (1986), [3] Bieber argued that due to a variety of causes, particularly his longterm drug use, he was not intoxicated at the time of the murder, but rather legally insane.”
People v. Marko, 2015 COA 139 (Colo. Ct. App. 2015). “§§ 16-8-104, 16-8-105, C.R.S. 2015 (applying to offenses committed before July 1, 1995).”
People v. Deason, 670 P.2d 792 (Colo. 1983). · cites it 4× “The sanity trial, which is a separate proceeding conducted prior to a trial on guilt, section 16-8-104, C.R.S.1973 (1978 Repl.Vol.”
People v. Pearson, 546 P.2d 1259 (Colo. 1976). · cites it 3× “10 Now section 16-8-104, C.R.S. 1973. 11 We do not have the transcript of defendant’s arraignment and are unable to determine the extent to which defendant was advised of his rights.”
People v. Renfrow, 564 P.2d 411 (Colo. 1977). · cites it 3× “1 Now section 16-8-104, C.R.S. 1973. 2 Now section 18-1-405, C.”
People v. Galimanis, 765 P.2d 644 (Colo. Ct. App. 1989). · cites it 4× “Pursuant to § 16-8-104, C.R.S. (1986 Repl. Vol. 8A), a sanity trial was held, and the jury found that defendant was sane.”
Cordova v. People, 817 P.2d 66 (Colo. 1991). · cites it 4× “§ 16-8-104, 8A C.R.S. (1986). If the trier of fact finds that the defendant was sane at the time of an alleged crime, the case then must be set for trial on the defendant's not guilty plea.”
David Manual Labor v. Gibson, 578 P.2d 1059 (Colo. 1978). · cites it 3× “Section 16-8-104, C.R.S. 1973. 2 If a defendant is found by the trier of fact to be not guilty by reason of insanity, “the court shall commit the defendant to the custody of the department of institutions until such time as he is found eligible for release.”
Lewis v. Thulemeyer, 538 P.2d 441 (Colo. 1975). · cites it 3× “This prohibits its use as evidence by the People in a trial on the issue of guilt.”
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