Attorney General Asks Colorado Supreme Court To Reconsider Decision That Could Nullify Hundreds Of Criminal Plea Deals

November 7, 2019
Colorado Attorney General Phil Weiser speaks in October 2019.Colorado Attorney General Phil Weiser speaks in October 2019.Hart Van Denburg / CPR News
Colorado Attorney General Phil Weiser speaks in October 2019.

Colorado's Attorney General is asking the state Supreme Court to reconsider its decision on the legality of hundreds of plea agreements.

The Colorado Supreme Court ruled in October that defendants can't be given consecutive sentences to prison and then probation for charges in the same case. That means hundreds of people serving time in Colorado could challenge their sentences.

Attorney General Phil Weiser's office filed an appeal to the high court Wednesday. In the court filing, they said the decision — if it stands — will create, "extensive litigation that will negatively impact victims and the public interest," especially in sex offense cases where the victims may be required to testify again.

The filing also asks the court to explain its decision in more detail. The court found that the Colorado legislature intended to prevent consecutive terms of prison and probation with a series of legal provisions. Weiser argued the opposite.

"Prosecutors have long entered into such agreements, consistent with
Colorado law since at least 2010," the filing reads.

It's unknown whether — or when — the state Supreme Court will reconsider the case.