People v. Torres

The prosecution appeals from judgments of dismissal entered by the trial courts in these two cases that have been consolidated for review in this court. The trial courts granted the motions of the defendants, Daniel J. Solorio and Victor N. Torres, to dismiss charges of felony menacing, which were filed pursuant to section 18-3-206, 8B C.R.S. (1986). 1 The trial courts ruled that the conduct of felony menacing proscribed by section 18-3-206, a class five felony, is pragmatically indistinguishable from the conduct proscribed by section 18 — 9—106(l)(f), 8B C.R.S. (1986), disorderly conduct…