People v. Seader

Opinion by

Judge FURMAN.

T1 The People's appeal presents a single issue of first impression: is a writ to transport an inmate from one county jail to another, prior to that inmate's testimony before a grand jury, the functional equivalent of a subpoena to testify before the grand jury? We conclude it is not and therefore reverse the district court's judgment dismissing an indictment against defendant, Jason Seader, *1194for theft by receiving and conspiracy to commit theft by receiving.

12 Defendant was being held at the City and County of Denver Jail on an unrelated matter. It was undisputed that…