Bondsteel v. People

JUSTICE GABRIEL delivered the Opinion of the Court.

¶1 This case requires us to decide whether a criminal defendant's failure to renew at trial a pretrial objection to the prosecution's motion to join two separately filed cases waives the defendant's ability to challenge such joinder on appeal and, if not, whether the cases were properly joined here. 1

¶2 We conclude that, to the extent People v. Barker , 180 Colo. 28 , 501 P.2d 1041 (1972), *849 and People v. Aalbu , 696 P.2d 796 (Colo. 1985), required a defendant to renew at trial a pretrial objection to joinder or motion to sever, those cases…