People v. District Court of the 11th Judicial District

In this appeal pursuant to C.A.R. 21, we are called upon to review an order of the District Court of the Eleventh Judicial District (trial court). After a preliminary hearing, the trial court dismissed one of several charges against a Department of Corrections (DOC) inmate, William Houchin.1 We hold that: (1) the trial court's decision, resolving the legal issue of whether there is a distinction between the use and the possession of a controlled substance, exceeded the limited purpose of a preliminary hearing, which is to determine whether “there is probable cause to believe that an offense…