Current for Chapters 1, 2, 4-7, 10, 14-17 of the 2023 Legislative Session
Section 16-12-102 - Appeals by the prosecution(1) The prosecution may appeal any decision of a court in a criminal case upon any question of law. Any order of a court that either dismisses one or more counts of a charging document prior to trial or grants a new trial after the entry of a verdict or judgment shall constitute a final order that shall be immediately appealable pursuant to this subsection (1). If any act of the general assembly is adjudged inoperative or unconstitutional in any criminal case, it is the duty of the district attorney of the judicial district in which the court making such decision is situated to appeal on behalf of the people of the state of Colorado, unless the same issue of constitutionality is already pending before a reviewing court in another case. Nothing in this section shall authorize placing the defendant in jeopardy a second time for the same offense. No docket fee shall be required of the people upon an appeal under this section. The procedure to be followed in filing and prosecuting appeals under this section shall be as provided by applicable rule of the supreme court of Colorado. However, if a statute providing for the imposition of the death penalty is adjudged inoperative or inapplicable for any reason, such adjudication shall constitute a final order that shall be immediately appealable to the supreme court of Colorado, notwithstanding any statute or court rule to the contrary.(2) The prosecution may file an interlocutory appeal in the supreme court from a ruling of the trial court granting a motion made in advance of trial by the defendant for the return of property and to suppress evidence or granting a motion to suppress an extrajudicial confession or admission if the prosecution certifies to the judge who granted such motion and to the supreme court that the appeal is not taken for the purposes of delay and the evidence is a substantial part of the proof of the charge pending against the defendant. The prosecution may also file an interlocutory appeal in the supreme court from a ruling of the trial court granting a motion in limine pertaining to the matters described in this subsection (2), or from a ruling on a motion made pursuant to section 18-1-202(11), C.R.S., challenging the place of trial or from a ruling on a motion to disqualify a district attorney pursuant to section 20-1-107, C.R.S.L. 72: R&RE, p. 253, § 1. C.R.S. 1963: § 39-12-102. L. 86: Entire section amended, p. 734, § 4, effective July 1. L. 89: (2) amended, p. 863, § 4, effective April 12. L. 91, 2nd Ex. Sess.: (1) amended, p. 15, § 1, effective October 7. L. 92: (2) amended, p. 400, § 8, effective June 3. L. 93: (1) amended, p. 1728, § 8, effective July 1. L. 98: (1) amended, p. 948, § 9, effective May 27. L. 2000: (1) amended, p. 453, § 9, effective April 24. L. 2002: (2) amended, p. 759, § 5, effective July 1.