[Download] "Waits V. People" by Colorado Supreme Court * eBook PDF Kindle ePub Free

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eBook details

• Title: Waits V. People
• Author : Colorado Supreme Court
• Release Date : January 08, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

We granted certiorari in People v. Waits, 695 P.2d 1176 (Colo. App. 1984), to consider three issues: (1) whether two guilty pleas entered by the defendant, Jimmy L. Waits, met the requirements of Crim. P. 11 and due process of law; (2) whether attempted felony murder is a valid offense, and if not, whether Waits's guilty plea to attempted felony murder extinguishes his due process right to be advised of the nature of the offense; and (3) whether, given that Waits entered his guilty plea following a suppression ruling by this court that we later overruled, Waits's guilty pleas were knowingly, intelligently, and voluntarily entered. We decide that the Crim. P. 11 advisement on attempted felony murder was inadequate and therefore vacate the plea to that charge. The guilty plea to second degree burglary, however, met the requirements of Crim. P. 11 and due process and was knowingly, intelligently, and voluntarily entered based on the applicable law concerning searches at the time of the plea. Finally, we determine that the People may retain the present sentence for the burglary plea or may retry the defendant on the attempted murder charge, in which case the entire plea package is vacated. We therefore reverse in part and affirm in part the judgment of the court of appeals.

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