Colorado § 16-7-208 - Failure or refusal to plead.

§ 16-7-208. Failure or refusal to plead.

If a defendant refuses to plead, or if the court refuses to accept a plea of guilty or a plea of nolo contendere (no contest), or if a corporation fails to appear, the court shall enter a plea of not guilty. If for any reason a plea has not been entered, the case shall for all purposes be considered as one in which a plea of not guilty has been entered.

Source: L. 72: R&RE, p. 223, § 1. C.R.S. 1963: § 39-7-208.

ANNOTATION

Annotator's note. Since § 16-7-208 is similar to repealed § 39-7-9, C.R.S. 1963, § 39-7-9, CRS 53, and CSA, C. 48, § 483, relevant cases construing those provisions have been included in the annotations to this section.

This section refers to an accused who refuses to respond and obstinately stands mute. Marler v. People, 139 Colo. 23, 336 P.2d 101 (1959).

It has no application to a plea entered by counsel authorized to speak for an accused. Marler v. People, 139 Colo. 23, 336 P.2d 101 (1959).

Court authorized to enter plea of not guilty only. Where defendant, on being arraigned, stood mute, the court was without authority to enter a plea of "not guilty by reason of insanity at the time of the commission of the crime and since". The only plea that the court, under the circumstances, could properly enter for defendant was a plea of "not guilty". Boyd v. People, 108 Colo. 289, 116 P.2d 193 (1941).

Proceedings valid where defendant did not object to omission of plea. Where defendant proceeded to trial without objection and contested the action as though a not guilty plea had been entered, and the fact that no such plea had been entered was not mentioned or called to the trial court's attention in the motion for a new trial, such omission did not render proceedings void and defendant is entitled to no relief by reason thereof. Landford v. People, 148 Colo. 300, 365 P.2d 893 (1961).

Where defendant proceeded to trial without objection and in all respects contested the case as though the "not guilty" plea had been entered, the defendant was not prejudiced by this procedural omission. The error or omission is called to the attention of the trial court by the appeal, and the entry of a plea of not guilty will suffice. Romero v. People, 170 Colo. 234, 460 P.2d 784 (1969).

PART 3

PLEA DISCUSSIONS AND PLEA AGREEMENTS

Law reviews: For article, "Felony Plea Bargaining in Six Colorado Judicial Districts: A Limited Inquiry into the Nature of the Process", see 66 Den. U.L. Rev. 243 (1989).