People v. Gomez

Opinion by

Judge WEBB.

We conditionally affirm the judgment of conviction entered against defendant, Joshua Gomez, on a jury verdict finding him guilty of distribution of a Schedule II controlled substance in violation of section 18-18-405(1), (@)(a)(ID(A), C.R.S.2007. We remand for the trial court to conduct an evidentiary hearing on the validity of Gomez's waiver of his right to testify because we conclude that the, court's advisement on this right was defective.

I. Defective Curtis Advisement

Gomez first contends the trial court's advisement on his right to testify under People v. Curtis, 681…