Legal Opinion

People v. Garcia

Colorado Court of Appeals

Decided February 28, 2013No. Court of Appeals No. 10CA0320PublishedCited by 2 opinions

1Opinion of the Court

Opinion by

JUDGE GRAHAM

T1 Defendant, Johnnie Nicholas Garcia, appeals the order of the district court concluding it had jurisdiction to accept his guilty plea. We are called upon to decide whether the failure to include a statement of good cause with the refiling of felony criminal charges in county court pursuant to Crim. P. 5(a)(4)(VII) presents a jurisdictional bar to prosecution of a defendant. Under the circumstances here, we conclude that the statement of good cause is a procedural requirement that does not implicate the court's subject matter jurisdiction, and, therefore, defendant's…

2Cases cited11 opinions

  1. Holmes v. District Court of Summit CountySupreme Court of Colorado · 1983
  2. Cropper v. PeopleSupreme Court of Colorado · 2011
  3. De Baca v. TrujilloSupreme Court of Colorado · 1968
  4. Bell v. BowerSupreme Court of Colorado · 1980
  5. People v. ButlerColorado Court of Appeals · 2010

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3Cited by2 opinions

  1. People v. SandovalColorado Court of Appeals · 2016
  2. People v. Corrales-CastroColorado Court of Appeals · 2015

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