and County of Denver District Court No. 04CR503 Honorable
Edward D. Bronfin, Judge
Cynthia H. Coffman, Attorney General, Matthew S. Holman,
First Assistant Attorney General, Denver, Colorado, for
Noble, Alternate Defense Counsel, Lakewood, Colorado, for
1 Defendant, Abel Gebre Laeke, filed a motion that asked the
postconviction court to allow him to withdraw his plea of not
guilty by reason of insanity. He relied on Crim. P. 32(d).
2 This appeal presents the question whether Rule 32(d)
governed defendant's request. We conclude that it did
not. We therefore affirm the postconviction court's order
that denied defendant's motion.
3 In 2004, the prosecution charged defendant with one count
of criminal attempt to commit unlawful sexual contact and one
count of indecent exposure. These charges were based on
events that occurred while defendant was a patient at a
psychiatric ward in Denver. See People v. Laeke,
2012 CO 13, ¶ 3.
4 At defendant's arraignment, defense counsel entered an
insanity plea on his behalf. Defendant objected. The trial
court noted his objection, but it nonetheless decided to send
him to the Colorado Mental Health Institute at Pueblo for a
5 After the evaluation, a doctor at the Mental Health
Institute decided that defendant was incompetent. The trial
court agreed, and it returned him to the Mental Health
Institute until he was restored to competency.
6 The trial court also ordered the Mental Health Institute to
evaluate defendant to determine whether he had been insane at
the time of the crimes. The doctor formed the opinion that
defendant had been insane.
7 A doctor later found that defendant had been restored to
8 The trial court set a hearing to determine the status of
the case. At the hearing, the prosecution decided to
stipulate that defendant had been insane at the time of the
crime. See id. Defense counsel asked the court to
accept a plea that defendant had been insane, despite his
objection that he "hop[ed] to prove" at trial that
he had not committed the crimes. Id. at ¶ 5.
9 The court accepted the insanity plea, and it found
defendant not guilty by reason of insanity. Defendant spent