People v. Pena

Opinion by

Judge HAWTHORNE.

Pursuant to section 16-12-102(1), C.R.S. 2009, and C.A.R. 4(b)(2), the People appeal the trial court's order dismissing the class six felony charge of driving after revocation prohibited against defendant, Robert Pena, because defendant did not receive a timely preliminary hearing. We reverse the order and remand for the trial court to reinstate the charge.

I. Facts and Procedural Background

Defendant was arrested and charged in this El Paso County case on April 17, 2007, and on April 18, he posted bond and was released. The record does not indicate whether defendant…