People v. District Court for Second Judicial Dist.

This is an original proceeding with the People as petitioner through the district attorney. At issue is a determination where the burden of proof lies in a hearing concerning release of one Lyles from the state hospital at Pueblo. Interpretation of section 16-8-115(2), C.R.S. 1973 1 is sought to guide the trial court. We issued a rule to show cause and now make the rule absolute.

A jury originally found the defendant Terry Lee Lyles not guilty by reason of insanity of the crime of aggravated robbery. He was committed to the state hospital at Pueblo. In 1972 the superintendent recommended the…