The Colorado Court of Appeals issued its opinion in People v. Jones on Thursday, September 11, 2014.
Bond—Revocation—Petition for Review—Jurisdiction.
In this felony case, the trial court set bond for defendant. He posted the bond, and the jail released him from its custody. While he was free on bond, a second court found that there was probable cause to believe that he had committed another felony. Based on that finding, the trial court revoked his release on bond in this case, and it ordered that the jail hold him without bond until this case was resolved. Defendant filed a petition for review in this court.
The prosecution argued that the Court of Appeals did not have jurisdiction over defendant’s petition for review. Defendant filed his petition for review relying on CRS §16-4-204(1), which authorizes review of trial court orders issued under CRS §§16-4-104, -107, and -201. Here, the prosecution’s motion to revoke defendant’s bond relied on CRS §16-4-105(3), which is not mentioned in CRS §16-4-204(1). Because it is not mentioned, a defendant cannot seek appellate review of an order issued under CRS §16-4-105(3) by filing a petition for review under CRS §16-4-204(1). Therefore, the Court of Appeals did not have jurisdiction over defendant’s petition for review, and the appeal was dismissed. Defendant may, however, seek the Supreme Court’s discretionary review of the trial court’s order under CAR 21.