City of Englewood ex rel. People v. Municipal Court in & for the City of Englewood

METZGER, Judge.

After hearing, the Englewood Municipal Court granted defendant Kubacki’s motion pursuant to C.M.C.R. 216(b) for pretrial discovery of the written statement of the City’s witness in a shoplifting prosecution. In a C.R.C.P. 106 review, seeking prohibition, the district court affirmed, holding that the municipal court did not abuse its discretion. The City of Englewood appeals, contending that C.M.C.R. 216(b) precludes such discovery and that the municipal court abused its discretion. We affirm.

Defendant Kubacki, charged with shoplifting, sought to obtain a copy of a written…