Colorado, March, 2004, State Case law

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State Courts - Colorado - March 11, 2004

People v. Cross, Court of Appeals No. 02CA0151, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 11, 2004, Decided
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Overview: Defendant's conviction for felony harassment by stalking was improper where the trial court erred in admitting his 1999 harassment conviction as an element of the harassment by stalking offenses.

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People v. Daley, Court of Appeals No. 03CA0257, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 11, 2004, Decided
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Overview: The trial court should have considered sanctions, other than dismissal, that would cure any prejudice to defendant resulting from a discovery violation; there was no showing of due process violation or need for deterrence.

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People v. Garcia, Court of Appeals No. 02CA2212., COURT OF APPEALS OF COLORADO, DIVISION FOUR, March 11, 2004, Decided
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Overview: Where defendant had been deported after being convicted of child sex assault, his appeal was moot. Because he only appealed his sentence, he was subject to a permanent bar on attempted reentry and would not serve his sentence in the United States.

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People v. Harman, Court of Appeals No. 02CA1195, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 11, 2004, Decided
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Overview: Restitution order was affirmed, as the appellate court declined to infer that the Colorado General Assembly intended the 90-day deadline as a jurisdictional limit that would prevent the trial court from reconsidering a motion for restitution.

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People v. Huynh, Court of Appeals No. 01CA2140, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 11, 2004, Decided
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Overview: Defendant's kidnapping conviction was improper where he could not be simultaneously convicted of felony murder and the felony upon which the felony murder conviction rested.

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People v. Lopez, Court of Appeals No. 02CA0443, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 11, 2004, Decided
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Overview: In a vehicular homicide case, a court did not err in failing to instruct that the left turn by the victim's car was an independent intervening cause of the victim's death where it might have been a driving error, but it was not abnormal behavior.

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People v. Miller, Court of Appeals No. 02CA0850, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 11, 2004, Decided
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Overview: In a drug case, a defendant's wife's consent to search their home was voluntary where an officer testified that he did not make any threats or promises to her, demand to be allowed in the house, or draw his gun, and she signed a consent form.

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Verce v. McClendon (In re Estate of Gallavan), Court of Appeals No. 02CA2513, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 11, 2004, Decided
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Overview: Denial of petition for adjudication of intestacy was affirmed because the statute explicitly stated that findings that warranted appointment of a conservator did not equate to a determination of testamentary incapacity.

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