People v. Luttrell

The People appeal the district court’s1 dismissal of nine separate grand jury indictments under section 16-5-204(4)(k), C.R.S. 1973 (1978 Repl.Vol. 8)2. Because the district court improperly resolved disputed issues of fact and law in determining the absence of probable cause, we reverse the court’s dismissal of the indictments.

The grand jury indictments, returned on June 10, 1980, charged the defendants with committing embezzlement of public property under section 18-8-407, C.R.S.1973 (1978 Repl.Vol. 8)3, first-degree official misconduct under section 18-8-404, C.R.S.1973 (1978 Repl.Vol.…