Gomez v. Ensor

I respectfully dissent to Part II of the majority opinion.

The statute controlling the appeal of Gomez’ original conviction is contained in § 13-6-310(2), C.R.S. This section reads:

“The district court shall review the case on the record on appeal and affirm, reverse, remand, or modify the judgment; except that the district court, in its discretion, may remand the case for a new trial with such instructions as it may deem necessary, or it may direct the case be tried de novo before the district court.” (emphasis supplied)

Here, the record shows that the district court did not choose to exercise…