August 16, 2018

Colorado Supreme Court: Charge by Information of Class 4 Felony with Crime of Violence Statutorily Entitles Defendant to Preliminary Hearing

The Colorado Supreme Court issued its opinion in In re People v. Austin on Monday, June 4, 2018.

Preliminary Hearings.

Austin petitioned for relief pursuant to C.A.R. 21 from a district court order denying his motion for a preliminary hearing. The supreme court issued its rule to show cause why the order should not be disapproved, and the People responded. The court now makes the rule absolute and orders that Austin be given a preliminary hearing because he was charged by information with a class 4 felony committed as a “crime of violence” as defined in C.R.S. § 18-1.3-406(2)(a)(I)(B) and (II)(C), which statutorily entitles him to a preliminary hearing, whether or not he would actually be subject to mandatory sentencing for a crime of violence.

Summary provided courtesy of Colorado Lawyer.

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