Legal Opinion
People v. Maurello
Colorado Court of Appeals
Decided January 9, 1997No. 95CA0901PublishedCited by 4 opinions
1Opinion of the Court
Opinion by Judge ROY.
The People appeal an order dismissing criminal charges against defendant, Paul Vince Maurello, for possession of marihuana with intent to distribute and possession of more than eight ounces of marihuana. The trial court concluded that the Colorado Controlled Substance Tax (Tax), § 39-28.7-101, et seq., C.R.S. (1986 Repl.Vol. 16B) (repealed effective March 26, 1996; Colo. Sess. Laws 1996, eh. 139 at 136) was, as of the time of its imposition, a penalty for double jeopardy purposes and that, therefore, prosecution of the criminal charges could not be pursued. We agree and…
2Cases cited12 opinions
- Marchetti v. United StatesSupreme Court of the United States · 1968
- Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
- United States v. SanchezSupreme Court of the United States · 1950
- Bryant v. StateIndiana Supreme Court · 1996
- Wilson v. Department of RevenueIllinois Supreme Court · 1996
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3Cited by4 opinions
- Steven Waters v. Reagan Farr, Commissioner of Revenue for the State of TennesseeTennessee Supreme Court · 2009
- Desimone v. StateNevada Supreme Court · 2000
- Commissioner of Revenue v. MullinsMassachusetts Supreme Judicial Court · 1998
- Steven Waters v. Reagan Farr, Commissioner of Revenue for the State of TennesseeTennessee Supreme Court · 2009