People v. Johnson

Pursuant to C.A.R. 50, we granted certio-rari in People v. Johnson, No. 94CR99 (Dist. Ct. Dec. 12, 1994), a ease pending in the court of appeals. The issue before us is whether, absent a restraining order, an estranged spouse is privileged or licensed to enter the separate residence of the other spouse so as to create a defense to charges of second degree burglary and first degree criminal trespass.

The trial court granted the defendant’s motion to dismiss the charges of burglary and criminal trespass, noting that the defendant and the victim were still married at the time of the alleged…