People v. Ullerich

TURSI, Judge.

On appeal of his conviction for first degree assault, defendant, Gale Paul Ullerich, contends, inter alia, that the trial court committed plain error in failing to ascertain on the record, a knowing and intelligent waiver of his right to testify. We affirm.

Generally, there may be no appellate review of issues not raised in a motion for new trial. Crim.P. 33(a). People v. Hallman, 44 Colo.App. 530, 624 P.2d 347 (1980), aff'd, 652 P.2d 173 (Colo.1982). An exception to this rule exists where there is a claim that the trial court has committed plain error prejudicial to substantial…