The Colorado Court of Appeals held in People v. Curtis, 657 P.2d 990 (Colo. App. 1982), that when a defendant waives the right to testify on his own behalf, the trial court has a duty to ascertain on the record whether the defendant makes that waiver with a complete understanding of his rights, including the right to override the advice of his counsel not to testify. The issue of waiver of the right to testify also arose in People v. Jones, 665 P.2d 127 (Colo. App. 1982). We granted certiorari in these cases, and now adopt the principle set forth by the court of appeals in Curtis. We hold that defendant Arthur Curtis did not voluntarily, knowingly and intentionally relinquish the right to testify. He is entitled to a new trial. We hold that defendant Dennis Ray Jones did waive his right to testify. His conviction is affirmed.
