Legal Opinion · Dissent
People v. Finney
Colorado Court of Appeals
Decided March 15, 2012No. 09CA1949Published
1Dissent
Judge HAWTHORNE
dissenting.
178 I respectfully dissent because I read the plain language of section 16-11-206(2), C.R.S.2011-which governs revocation proceedings-to require that defendants "plead guilty or not guilty" to charges of violating probation or a deferred judgment. I further conclude that Crim. P. 11(b), which applies to *220"Pleas of Guilty," applies in revocation proceedings.
L
T79 I view defendant's due process claim more broadly than does the majority, which asserts that the issue raised by defendant is whether the "Due Process Clause required the second judge [to] advise him of the…
2Cases cited14 opinions
- State v. NietoSupreme Court of Colorado · 2000
- People v. MunizSupreme Court of Colorado · 1983
- East Lakewood Sanitation District v. District Court in & for the County of JeffersonSupreme Court of Colorado · 1992
- Dillard v. Industrial Claim Appeals OfficeSupreme Court of Colorado · 2006
- In Re Questions Submitted by the United States District CourtSupreme Court of Colorado · 1972
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