Colorado § 16-12-202 - Unitary procedure for appeals - scope and applicability.

§ 16-12-202. Unitary procedure for appeals - scope and applicability.

(1) Notwithstanding any state statute or rule of the Colorado supreme court to the contrary, this part 2 and the supreme court rules adopted pursuant to this part 2 establish the only procedure for challenging a sentence of death or the conviction that resulted in the sentence of death.

(2) This part 2 does not apply to class 1 felony cases in which a sentence of death is not sought or to class 1 felony convictions for which the death penalty is not imposed.

(3) This part 2 shall apply to any class 1 felony conviction for which the death penalty is imposed as punishment, regardless of whether the sentence is imposed pursuant to section 18-1.3-1201, 18-1.3-1302, or 18-1.4-102, C.R.S., which death sentence is imposed on or after the date upon which the supreme court adopts rules implementing the unitary system of review established by this part 2.

(4) For cases in which a death sentence is imposed prior to the date upon which the Colorado supreme court adopts rules implementing the unitary system of review established by this part 2, appellate review and postconviction review shall be as otherwise provided by law.

Source: L. 97: Entire part added, p. 1574, § 1, effective June 4. L. 2002: (3) amended, p. 1497, § 150, effective October 1. L. 2002, 3rd Ex. Sess.: (3) amended, p. 33, §§ 25, 26, effective July 12.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (3), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2002 act amending subsection (3), see section 16 of chapter 1 of the supplement to the Session Laws of Colorado 2002, Third Extraordinary Session.

ANNOTATION

The use of the phrase "class 1 felony conviction" in this part 2 does not eliminate issues concerning lesser felonies from its statutory scope. The context of this reference establishes a threshold requirement for the statute's application, rather than limiting the issues or convictions that can be reviewed in a case in which a death sentence has been imposed. People v. Owens, 219 P.3d 379 (Colo. App. 2009).