Dike v. People

In this appeal on certiorari from the district court pursuant to section 13-6-310(4), 5 C.R.S. (2000), we determine that the county court possessed jurisdiction to set aside its initial dismissal order because it did so prior to expiration of the thirty-day time period under Crim. P. 87(a) for the prosecution's appeal of the dismissal to the district court. 1

The county court had granted the defendant's motion to dismiss the charges because the defendant had initially elected a blood test, but then elected a breath test. The prosecution brought our decision in People v. Shinaut, 940 P.2d 380…