People of Colorado v. Hastings

Opinion by

Judge CASEBOLT.

Defendant, Brian Kent Hastings, appeals a judgment of conviction entered after revocation of his deferred sentence. Because we determine that the district attorney lacked authority to file the motion to revoke, we vacate the judgment and sentence and remand for further proceedings.

In 1989, defendant was charged with several drug-related offenses. Defendant requested a special prosecutor because the district attorney had previously represented defendant’s mother and allegedly defendant as well, although in unrelated eases. The district attorney confessed the…