People v. Chavez

The majority finds that the trial court inadequately advised the defendant John B. Chavez (Chavez) of his right to testify at trial pursuant to People v. Curtis, 681 P.2d 504 (Colo.1984). I disagree. I find that, in light of the purpose underlying Curtis, and of the cases construing our holding in Curtis, the advisement given by the trial court satisfied Curtis. I dissent.

I

We have repeatedly stated that Curtis “requires that the trial judge ensure the defendant’s waiver of his right to testify is intelligently and competently made.” Roelker v. People, 804 P.2d 1336, 1338 (Colo.1991); see…