Legal Opinion

Escobedo v. People

Supreme Court of Colorado

Decided November 19, 2012No. 10SC476Published

1Opinion of the CourtJustice Rice

[ 1 In this postconviction appeal, we review whether a criminal defendant may plead guilty while reserving the right to appeal an unsuccessful motion to suppress evidence. Adopting our reasoning in Neuhaus v. People, 2012 CO 65, 289 P.3d 19, released concurrently with this opinion, we hold that such conditional pleas are not permitted under Colorado rule or statute. Further, we decline to create by judicial decision an exception allowing conditional guilty pleas that reserve the right to appeal an unsuccessful pretrial motion to suppress evidence because a reservation of that right is better…

2Cases cited5 opinions

  1. Waits v. PeopleSupreme Court of Colorado · 1986
  2. Neuhaus v. PeopleSupreme Court of Colorado · 2012
  3. People v. HoffmanColorado Court of Appeals · 2010
  4. People v. NeuhausColorado Court of Appeals · 2009
  5. People v. HoffmanSupreme Court of Colorado · 2012

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