Colorado § 19-2.5-909 - Motion for new trial.

§ 19-2.5-909. Motion for new trial.

(1) All motions for a new trial must be made pursuant to rule 33 of the Colorado rules of criminal procedure.

(2) If the juvenile was not represented by counsel, the court shall inform the juvenile and the juvenile's parent, guardian, or legal custodian at the conclusion of the trial that they have the right to file a motion for a new trial and that, if such motion is denied, they have the right to appeal.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 626, § 2, effective October 1.

Editor's note: This section is similar to former § 19-2-902 as it existed prior to 2021.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Standing to appear. The Colorado Children's Code has not changed the basic law of the state that a grandparent to whom the child has been entrusted for care has status to appear and protest the actions of the court relative to the child. C.B. v. People in Interest of J.T.B., 30 Colo. App. 269, 493 P.2d 691 (1971).

Petition for new trial proper. In a proceeding under the Colorado Children's Code, where it was argued that the petition for new trial and demand for jury trial were filed too late, and thus were not in accordance with C.R.C.P. 59(b), this argument was rejected since according to the record there had never been any trial held or evidence presented in support of the dependency petition, and hence, no violation of C.R.C.P. 59(b) could have occurred. C.B. v. People in Interest of J.T.B., 30 Colo. App. 269, 493 P.2d 691 (1971).

Failure to move for a new hearing pursuant to this section does not preclude consideration as to whether an illegal sentence has been imposed pursuant to Crim. P. 35(a). People v. T.O., 696 P.2d 811 (Colo. 1985).