Colorado v. MazzarelliAnnotate this Case
The court of appeals in this case upheld the trial court’s refusal to allow the State to withdraw from a plea agreement after respondent Christopher Mazzarelli pled guilty. The State sought to withdraw from that plea agreement when the trial court determined a more lenient sentence than the one the parties set forth in the agreement was appropriate. The Colorado Supreme Court affirmed, finding that because the statute and the rules governing plea agreements in Colorado, section 16-7-302(2)–(3), C.R.S. (2018), Crim. P. 11(f)(5), and Crim. P. 32(d) allowed the defendant, but not the State, to withdraw from a plea agreement when the trial court rejected a sentence concession after accepting the guilty plea, the State could not withdraw from the plea agreement.