April 23, 2014

Colorado Supreme Court: County Court Must Stay Execution of Judgment While Appeal Pending in District Court

The Colorado Supreme Court issued its opinion in In re People v. Steen on Monday, February 3, 2014.

Stay of Execution in County Court—CRS § 16-2-114(6)—Crim.P. 37(f).

In this original CAR 21 proceeding, the Supreme Court held that CRS § 16-2-114(6) and Crim.P. 37(f) require a county court, on request, to grant a stay of execution of a defendant’s sentence pending appeal of a misdemeanor conviction to the district court. Accordingly, the Court made the rule absolute and remanded the case to the district court with instructions that, pursuant to CRS § 16-2-114(6) and Crim.P. 37(f), a stay of execution shall remain in effect until after final disposition of a defendant’s appeal, unless modified by the district court.

Summary and full case available here.

Speak Your Mind

*