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Legal Opinion

People v. Smith

Colorado Court of Appeals

Decided June 27, 1996No. 96CA0619PublishedCited by 6 opinions

1Opinion of the Court

Opinion by

Judge TAUBMAN.

By motion to dismiss this appeal, defendant, Susan Smith, presents the issue whether the People may appeal an order granting a new trial in a criminal case. We conclude that such an appeal is authorized under § 16-12-102(1), C.R.S. (1995 Cum.Supp.) and, therefore, deny the motion to dismiss.

Our understanding of the pertinent facts is gleaned from the People’s notice of appeal, as the record has not yet been filed. It appears that defendant was tried on charges of unlawful distribution of a controlled substance under § 18-18-405(l)(a), C.R.S. (1995 Cum. Supp.) and…

2Cases cited5 opinions

  1. People v. YoungSupreme Court of Colorado · 1991
  2. People v. CochranSupreme Court of Colorado · 1971
  3. People v. CampbellSupreme Court of Colorado · 1987
  4. Smith v. Colorado Department of Human ServicesColorado Court of Appeals · 1996
  5. People v. MillerColorado Court of Appeals · 1987

3Cited by6 opinions

  1. Krol v. CF & I SteelColorado Court of Appeals · 2013
  2. People v. CurrenColorado Court of Appeals · 2009
  3. People v. CollinsColorado Court of Appeals · 2001
  4. People v. SmithColorado Court of Appeals · 2001
  5. People v. JonesColorado Court of Appeals · 1996

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