People v. Summitt

HOBBS, Justice.

We granted certiorari to review the court of appeals’ judgment in People v. Summitt, 104 P.3d 232 (Colo.App.2004), to determine whether it properly set aside convictions for second degree kidnapping,, second degree assault, and domestic violence. The court of appeals ruled that the trial court abused its discretion in admitting evidence surrounding defendant’s arrest, and admission of the evidence infringed unconstitutionally upon the exercise of defendant’s Fourth Amendment rights.1

Taking into account proof before the jury, the circumstances of this case were that defendant…