C.R.S. Section 18-1.3-803
Verdict of jury

(1)

If the allegation of previous convictions of other felony offenses is included in an indictment or information and if a verdict of guilty of the substantive offense with which the defendant is charged is returned, the court shall conduct a separate sentencing hearing to determine whether or not the defendant has suffered such previous felony convictions. As soon as practicable, the hearing shall be conducted by the judge who presided at trial or before whom the guilty plea was entered or a replacement for said judge in the event he or she dies, resigns, is incapacitated, or is otherwise disqualified as provided in section 16-6-201, C.R.S.

(2)

An information or indictment seeking the increased penalties authorized by section 18-1.3-801 shall identify by separate counts each alleged former conviction and shall allege that the defendant on a date and at a place specified was convicted of a specific felony. If any such conviction was had outside this state, the information or indictment shall allege that the offense, if committed in this state, would be a felony.

(3)

Upon arraignment of the defendant, such defendant shall be required to admit or deny that such defendant has been previously convicted of the crimes identified in the information or indictment. If the defendant refuses to admit or deny the previous convictions, such refusal shall be treated as a denial by such defendant that the defendant has been convicted as alleged. If the defendant admits to having been convicted as alleged in any count charging a previous conviction, no proof of such previous conviction is required. Such admission shall constitute conclusive proof in determining whether the defendant has been previously convicted of an alleged felony and the court shall sentence the defendant in accordance with section 18-1.3-801.

(4)

If the defendant denies that he or she has been previously convicted as alleged in any count of an information or indictment, the trial judge, or a replacement judge as provided in subsection (1) of this section, shall determine by separate hearing and verdict whether the defendant has been convicted as alleged. The procedure in any case in which the defendant does not become a witness in his or her own behalf upon the trial of the substantive offense shall be as follows:

(a)

The jury shall render a verdict upon the issue of the defendant’s guilt or innocence of the substantive offense charged;

(b)

If the verdict is that the defendant is guilty of the substantive offense charged, the trial judge, or a replacement judge as provided in subsection (1) of this section, shall proceed to try the issues of whether the defendant has been previously convicted as alleged. The prosecuting attorney has the burden of proving beyond a reasonable doubt that the defendant has been previously convicted as alleged.

(5)

Intentionally left blank —Ed.

(a)

If, upon the trial of the issues upon the substantive offense charged, the defendant testifies in his or her own defense and denies that he or she has been previously convicted as alleged, the prosecuting attorney on rebuttal may present all evidence relevant to the issues of previous convictions for the sole purpose of impeachment of the defendant’s credibility, subject to the rules governing admission of evidence at criminal trials.

(b)

If, upon the trial of the issues upon the substantive offense charged, the defendant testifies in his or her own defense and, after having denied the previous conviction under subsection (3) of this section, admits that he or she has been previously convicted as alleged, the trial judge, or a replacement judge as provided in subsection (1) of this section, shall, in any sentencing hearing, consider any admissions of prior convictions elicited from the defendant in connection with his or her testimony on the substantive offense only as they affect the defendant’s credibility. In any sentencing hearing, the prosecution shall be required to meet its burden of proving beyond a reasonable doubt the defendant’s prior convictions by evidence independent of the defendant’s testimony.

(6)

If the prosecuting attorney does not have any information indicating that the defendant has been previously convicted of a felony prior to the time a verdict of guilty is rendered on a felony charge and if thereafter the prosecuting attorney learns of the felony conviction prior to the time that sentence is pronounced by the court, he or she may file a new information in which it shall be alleged in separate counts that the defendant has been convicted of the particular offense upon which judgment has not been entered and that prior thereto at a specified date and place the defendant has been convicted of a felony warranting application of increased penalties authorized in this section and sections 18-1.3-801 and 18-1.3-802. The defendant shall be arraigned upon the new information, and, if the defendant denies the previous conviction, the trial judge, or a replacement judge as provided in subsection (1) of this section, shall try the issue prior to imposition of sentence.

Source: Section 18-1.3-803 — Verdict of jury, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑1.3‑101
Pretrial diversion - appropriation - repeal 18‑1.3‑102
Deferred sentencing of defendant 18‑1.3‑103.4
Senate Bill 13-250 - legislative intent - clarification of internal reference to level 4 drug felonies 18‑1.3‑103.5
Felony convictions - vacate and enter conviction on misdemeanor after successful completion 18‑1.3‑103.7
Alternative options for pregnant and postpartum people - legislative declaration - definitions 18‑1.3‑104
Alternatives in imposition of sentence 18‑1.3‑104.5
Alternatives in imposition of sentence in drug felony cases - exhaustion of remedies 18‑1.3‑105
Authority of sentencing courts to utilize home detention programs 18‑1.3‑106
County jail sentencing alternatives - work, educational, and medical release - home detention - day reporting - definition 18‑1.3‑107
Conviction - collateral relief - applicability - definitions 18‑1.3‑201
Application for probation 18‑1.3‑202
Probationary power of court 18‑1.3‑202.5
Veterans court probation supervision 18‑1.3‑203
Criteria for granting probation 18‑1.3‑204
Conditions of probation - interstate compact probation transfer cash fund - creation 18‑1.3‑205
Restitution as a condition of probation 18‑1.3‑206
Repayment of crime stopper reward as a condition of probation 18‑1.3‑207
Work and education release programs 18‑1.3‑208
Intensive supervision probation programs - legislative declaration 18‑1.3‑209
Substance abuse assessment required 18‑1.3‑210
Counseling or treatment for alcohol or drug abuse or substance use disorder 18‑1.3‑211
Sentencing of felons - parole of felons - treatment and testing based upon assessment required 18‑1.3‑212
Drug testing of offenders by judicial department - pilot program 18‑1.3‑301
Authority to place offenders in community corrections programs 18‑1.3‑302
Legislative declaration - offenders who may be sentenced to the specialized restitution and community service program 18‑1.3‑401
Felonies classified - presumptive penalties 18‑1.3‑401.5
Drug felonies classified - presumptive and aggravated penalties - legislative intent 18‑1.3‑402
Felony offenses not classified 18‑1.3‑403
Penalty for felony not fixed by statute - punishment 18‑1.3‑404
Duration of sentences for felonies 18‑1.3‑405
Credit for presentence confinement 18‑1.3‑406
Mandatory sentences for violent crimes - definitions 18‑1.3‑407
Sentences - youthful offenders - powers and duties of district court - authorization for youthful offender system - powers and duties of department of corrections - youthful offender system study - report - legislative declaration - definitions 18‑1.3‑407.5
Sentences - young adult offenders - youthful offender system - definitions 18‑1.3‑408
Determinate sentence of imprisonment imposed by court 18‑1.3‑409
Concurrent or consecutive sentences - court to clarify sentencing in mittimus 18‑1.3‑410
Fentanyl education and treatment program 18‑1.3‑501
Misdemeanors classified - drug misdemeanors and drug petty offenses classified - penalties - legislative intent - definitions 18‑1.3‑502
Duration of sentences for misdemeanors 18‑1.3‑503
Petty offense and civil infraction classified - penalties 18‑1.3‑504
Misdemeanors and petty offenses not classified 18‑1.3‑505
Penalty for misdemeanor not fixed by statute - punishment 18‑1.3‑506
Payment and collection of fines for class 1 or 2 misdemeanors, petty offenses, and civil infractions - release from incarceration 18‑1.3‑507
Community or useful public service - misdemeanors 18‑1.3‑507.5
Useful public service cash fund created 18‑1.3‑508
Definite sentence not void 18‑1.3‑509
Credit for time served on misdemeanor sentences 18‑1.3‑510
Fentanyl education and treatment program 18‑1.3‑601
Legislative declaration 18‑1.3‑602
Definitions 18‑1.3‑603
Assessment of restitution - corrective orders 18‑1.3‑701
Judgment of costs and fines - definitions 18‑1.3‑702
Monetary payments - due process required 18‑1.3‑703
Reimbursement of amounts paid following a vacated conviction or amended order for restitution - petition 18‑1.3‑704
Outstanding balances owed by juveniles - report - repeal 18‑1.3‑801
Punishment for habitual criminals 18‑1.3‑802
Evidence of former convictions - identity 18‑1.3‑803
Verdict of jury 18‑1.3‑804
Habitual burglary offenders - punishment - legislative declaration 18‑1.3‑901
Short title 18‑1.3‑902
Applicability of part 18‑1.3‑903
Definitions 18‑1.3‑904
Indeterminate commitment 18‑1.3‑905
Requirements before acceptance of a plea of guilty 18‑1.3‑906
Commencement of proceedings 18‑1.3‑907
Defendant to be advised of rights 18‑1.3‑908
Psychiatric examination and report 18‑1.3‑909
Report of probation department 18‑1.3‑910
Termination of proceedings 18‑1.3‑911
Evidentiary hearing 18‑1.3‑912
Findings of fact and conclusions of law 18‑1.3‑913
Appeal 18‑1.3‑914
Time allowed on sentence 18‑1.3‑915
Costs 18‑1.3‑916
Diagnostic center as receiving center 18‑1.3‑1001
Legislative declaration 18‑1.3‑1002
Short title 18‑1.3‑1003
Definitions 18‑1.3‑1004
Indeterminate sentence 18‑1.3‑1005
Parole - intensive supervision program 18‑1.3‑1006
Release from incarceration - parole - conditions 18‑1.3‑1007
Probation - intensive supervision program 18‑1.3‑1008
Probation - conditions - release 18‑1.3‑1009
Criteria for release from incarceration, reduction in supervision, and discharge 18‑1.3‑1010
Arrest of parolee or probationer - revocation 18‑1.3‑1011
Annual report 18‑1.3‑1012
Applicability of part 18‑1.3‑1101
Definitions 18‑1.3‑1102
Pretrial motion by defendant in class 1 felony case - determination whether defendant is mentally retarded or has an intellectual and developmental disability - procedure 18‑1.3‑1103
Mentally retarded defendant or defendant with an intellectual and developmental disability - death penalty not imposed 18‑1.3‑1104
Evaluation and report 18‑1.3‑1105
Evaluation at insistence of defendant 18‑1.3‑1201
Imposition of sentence in class 1 felonies - appellate review - applicability 18‑1.3‑1202
Death penalty inflicted by lethal injection 18‑1.3‑1203
Genetic testing prior to execution 18‑1.3‑1204
Implements - sentence executed by executive director 18‑1.3‑1205
Week of execution - warrant 18‑1.3‑1206
Execution - witnesses 18‑1.3‑1207
Record and certificate of execution 18‑1.3‑1301
Applicability of procedure for the imposition of sentences in class 1 felony cases 18‑1.3‑1302
Imposition of sentences in class 1 felonies for crimes committed on or after July 1, 1988, and prior to September 20, 1991 - appellate review - applicability 18‑1.3‑1401
Definitions 18‑1.3‑1402
Mental competency to be executed - presumptions 18‑1.3‑1403
Mental incompetency to be executed - filing of motion 18‑1.3‑1404
Mental incompetency to be executed - examination 18‑1.3‑1405
Mentally incompetent to be executed - untimely or successive motions 18‑1.3‑1406
Persons mentally incompetent to be executed - restoration to competency 18‑1.3‑1407
Appeal of determination of mental incompetency to be executed
Green check means up to date. Up to date

Current through Fall 2024

§ 18-1.3-803’s source at colorado​.gov