Palmer v. People

LOHR, Justice.

Ralph Palmer petitioned for review of the affirmance of his criminal conviction by the Colorado Court of Appeals, People v. Palmer, 631 P.2d 1160 (Colo.App.1981). We granted certiorari. Under the principles noted in People v. Curtis, 681 P.2d 504 (Colo.1984) and Jones v. People, No. 681 P.2d 504 (Colo.1984), we hold that Palmer did not voluntarily, knowingly and intentionally waive the right to testify. Accord*526ingly, we reverse the judgment and remand for a new trial.

I

Palmer was convicted of second-degree burglary1 and first-degree sexual assault2 as the result of a jury trial in…