Legal Opinion

Flakes v. People

Supreme Court of Colorado

Decided March 19, 2007No. 05SC593PublishedCited by 13 opinions

1Opinion of the CourtJustice Martinez

We granted certiorari to consider the constitutionality of section 19-2-517 of the Colorado Revised Statutes-the direct file statute within the Children's Code. Petitioner Gary Flakes ("Flakes") asserts that the sentencing provisions of the direct file statute require an adult sentence under the cireumstances of his case and violate the constitutional doctrines of equal protection, due process, uniformity of the laws, and separation of powers.

The direct file statute authorizes a prosecutor to charge a juvenile as an adult by filing certain enumerated charges directly in district court. 1 The…

2Cases cited21 opinions

  1. Kent v. United StatesSupreme Court of the United States · 1966
  2. Martin v. PeopleSupreme Court of Colorado · 2001
  3. Charnes v. BoomSupreme Court of Colorado · 1988
  4. People v. LutherSupreme Court of Colorado · 2002
  5. People v. CrossSupreme Court of Colorado · 2006

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3Cited by13 opinions

  1. Bostelman v. PeopleSupreme Court of Colorado · 2007
  2. In re the People ex rel. W.P.Supreme Court of Colorado · 2013
  3. People ex rel. J.C.S.Colorado Court of Appeals · 2007
  4. People v. RainerColorado Court of Appeals · 2013
  5. The PEOPLE of the State of Colorado, Petitioner/Cross-Respondent, IN the INTEREST OF T.B., Respondent/Cross-PetitionerSupreme Court of Colorado · 2021

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