January 22, 2019

Colorado Court of Appeals: Postconviction Matters for County Court Felony Criminal Matter Resolved in County Court, Not District Court

The Colorado Court of Appeals issued its opinion in People v. Vargas-Reyes on Thursday, December 28, 2018.

Criminal Law — Commencement of Prosecution — Felony Complaint in County Court; Criminal Procedure — Appeals From County Court

A division of the court of appeals considers whether, when a felony case is commenced in county court pursuant to section 16-5- 101(1)(c), C.R.S. 2018, and resolved with a plea agreement involving only misdemeanor pleas, the plea and any subsequent postconviction matters are handled by the county court or by the district court. We conclude that unless the matter is formally bound over to the district court before the plea is accepted, it remains a county court matter for purposes of appeal. Because this appeal involves a challenge to the denial of a postconviction motion issued by the county court, this court lacks jurisdiction and the appeal is dismissed.

Summary provided courtesy of Colorado Lawyer.

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