People v. WARNER (TWO CASES)

These consolidated cases require this court to review the propriety of two rulings entered by the trial court: whether the trial court properly dismissed three felony counts filed against James Francis Warner, appellant in Case No. 96SA89 and appellee in Case No. 96SA70, and whether the trial court properly denied Warner’s motion to dismiss two remaining misdemeanor counts in this case. In denying Warner’s motion, the trial court concluded the provisions of section 18-1-405, 8B C.R.S. (1986), governing Warner’s right to a speedy trial were tolled pending resolution of an appeal filed by the…