People v. Gleason, 25439

Decision Date30 October 1972
Docket NumberNo. 25439,25439
Citation502 P.2d 69,180 Colo. 71
PartiesThe PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Omar GLEASON, Defendant-Appellant.
CourtColorado Supreme Court

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Patricia W. Robb, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, T. Michael Dutton, Deputy State Public Defender, Denver, for defendant-appellant.

HODGES, Justice.

Defendant Omar Gleason, after pleading guilty to statutory rape, moved to withdraw that plea and enter a plea of not guilty. His motion was denied and he was sentenced to the penitentiary.

On appeal, the defendant urges reversal on the ground that the trial court abused its discretion in denying his motion for withdrawal of his guilty plea, since the guilty plea was not made with an understanding of the nature and elements of the crime. The thrust of the defendant's argument is that the court failed to comply with Crim.P. 11. The answer brief of the Attorney General advises us that the trial court did not comply with the requirements of Crim.P. 11 and states that the judgment should therefore be reversed.

The Attorney General's advice is supported by the record. We therefore reverse the trial court's judgment and remand this cause for further proceedings including the rearraignment of this defendant.

In Martinez v. People, 152 Colo. 521, 382 P.2d 990 (1963), we discussed the requirements of Crim.P. 11 and with reference thereto held:

'The acceptance of a plea of guilty depends upon the fulfillment of certain conditions. Absent the fulfillment of these conditions there can be no acceptance of a plea of guilty under this rule.'

The duty of the trial court under Crim.P. 11 was further explained in People v. Cumby, Colo., 495 P.2d 223 (1972). Referring specifically to the need for a determination of defendant's knowledge and understanding of the charge's elements which was lacking in the instant case, we held in Cumby:

'. . . that this requirement is not met unless the critical elements of the crime charged are explained in terms which are understandable to the defendant and unless the meaning of a guilty plea is explained in relation to each of the elements.'

See also People v. Colosacco, Colo., 493 P.2d 650 (1972); People v. Mason, Colo., 491 P.2d 1383 (1971); People v. Riney, Colo., 489 P.2d 1304 (1971); and People

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7 cases
  • Watkins v. People, 81SC82
    • United States
    • Supreme Court of Colorado
    • 20 Diciembre 1982
    ...to which the plea is tendered. E.g., People v. Meyers, supra; People v. Gorniak, 197 Colo. 289, 593 P.2d 349 (1979); People v. Gleason, 180 Colo. 71, 502 P.2d 69 (1972); People v. Colosacco, 177 Colo. 219, 493 P.2d 650 (1972). Our prior cases hold that, to satisfy this requirement, the cour......
  • People v. Leonard, 82SA122
    • United States
    • Supreme Court of Colorado
    • 29 Noviembre 1983
    ...the plea is tendered." Watkins v. People, 655 P.2d at 837. See also, e.g., People v. Meyers, 617 P.2d 808 (Colo.1980); People v. Gleason, 180 Colo. 71, 502 P.2d 69 (1972); People v. Colosacco, 177 Colo. 219, 493 P.2d 650 (1972). Our cases have demonstrated that the degree of explanation req......
  • People v. Buckner, 24886
    • United States
    • Supreme Court of Colorado
    • 30 Octubre 1972
  • People v. Crater, 25265
    • United States
    • Supreme Court of Colorado
    • 16 Julio 1973
    ...Rule 11 was fully complied with in this case. Nor do the decisions of this court since Ward mandate a different result. People v. Gleason, Colo., 502 P.2d 69 (1972); People v. Harrington, Colo., 500 P.2d 360 (1972); People v. Colosacco, Colo., 493 P.2d 650 (1972); People v. Mason, 176 Colo.......
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1 books & journal articles
  • Criminal Law Newsletter
    • United States
    • Colorado Bar Association Colorado Lawyer No. 11-5, May 1982
    • Invalid date
    ...note 13; People v. Brown, 187 Colo. 244, 529 P.2d 1338 (1974); People v. Keenan, 185 Colo. 317,524 P.2d 604 (1974); People v. Gleason, 180 Colo. 71, 502 P.2d 69 (1972); Colosacco, supra, note 12. 22. See, C.R.S. 1953, § 39-7-8; C.R.S. 1963, § 39-7-8; the first Rule 11, effective November 1,......

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