(1) Every person charged with an offense shall be permitted to tender a plea of guilty to that offense if the following conditions have been satisfied:
The court shall have advised the defendant that if the plea is accepted the defendantshall be determined to have waived his right to trial by jury on all issues including the determination of the penalty to be assessed, and the court shall also have advised the defendant as to the maximum and minimum penalties that the court may impose.
In class 1 felonies or where the plea of guilty is to a lesser included offense, a writtenconsent has been filed with the court by the district attorney.
In all felony, level 1 drug misdemeanor, and class 1 misdemeanor cases, the defendant shall be represented by counsel or waive his right thereto in open court, and the guilty plea shall be tendered in open court by the defendant in the presence of counsel, if any.
The refusal or consent of the district attorney or the court to accept a plea of guilty tothe charge shall not be a basis for assignment of error, and such refusal or acceptance by the district attorney or court is final.
The acceptance by the court of a plea of guilty acts as a waiver by the defendant ofthe right to trial by jury on all issues including the determination of the penalty to be assessed, and the acceptance of such plea also acts as a conviction for the offense.
Source: L. 72: R&RE, p. 221, § 1. C.R.S. 1963: § 39-7-206. L. 2013: (1)(c) amended, (SB 13-250), ch. 333, p. 1930, § 43, effective October 1.