People v. Holmes
Supreme Court of Colorado
1Opinion of the CourtJustice Martinez
The People appeal an order of the Mesa County District Court dismissing the prosecution of Thomas M. Holmes. The People charged Holmes with the unlawful introduction of contraband into the Mesa County Detention Facility in violation of section 18-8-204(2)©, 6 C.R.S. (1997). Holmes moved to dismiss the charge, asserting that section 18-8-204(2)©, on its face, violates the Colorado Constitution because it constitutes an impermissible delegation by the General Assembly of its legislative powers to administrative heads of detention facilities. The trial court agreed with this contention and…
2Cases cited28 opinions
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