People v. Montoya

QUINN, Chief Justice.

The People appeal from a pretrial dismissal of three counts of conspiracy to distribute a class II controlled substance, cocaine, which had been filed against the defendant, Paul Montoya. The district court entered a judgment of dismissal on the ground that there was insufficient evidence, apart from the statements of the defendant’s alleged co-conspirators, to establish the evidentiary antecedents for admitting the statements under CRE 801(d)(2)(E). 1 We conclude that the district court erred in not considering the statements of the alleged co-conspirators in determining…