People v. Lambert

The defendant Lambert was charged with second-degree burglary. On arraignment, he pled not guilty. Two months later, on the date the case was scheduled for trial to a jury, he offered a plea of nolo contendere, which the trial court accepted. He made application for probation which was granted. Approximately six months after being placed on probation, the defendant filed a motion to set aside the nolo contendere plea. This motion alleges the failure of the trial court to comply with section 16-7-207, C.R.S. 1973. This statute and Crim. P. 11(b) require that a trial court must make certain determinations before it accepts a plea of guilty or a plea of nolo contendere.