Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Desantiago

Court of Appeals of Colorado, Third Division

May 22, 2014

The People of the State of Colorado, Plaintiff-Appellee,
v.
Jose Adan Desantiago, Defendant-Appellant.

Adams County District Court No. 06CR3637 Honorable Chris Melonakis, Judge

John W. Suthers, Attorney General, Jay C. Fisher, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee

Emeson Law, LLC, Brian Emeson, Denver, Colorado, for Defendant-Appellant

OPINION

TERRY, JUDGE

OPINION is modified as follows:

Page 11, lines 5 to 7 currently reads:

Once these findings have been made, the trial court is directed to make conclusions of law regarding whether the prosecution made diligent efforts to secure defendant's presence.

Opinion now reads:

At the trial court's discretion, it may take additional evidence concerning these issues or any other issue related to the resolution of the motion to dismiss for lack of a speedy trial.

Once these findings have been made, the trial court is directed to make conclusions of law regarding whether the prosecution made diligent efforts to secure defendant's presence.

¶ 1 Defendant, Jose Adan Desantiago, appeals the judgment of conviction entered on a jury verdict finding him guilty of distribution of a schedule II controlled substance and conspiracy to distribute a controlled substance. We remand the case to the trial court with instructions.

¶ 2 This appeal centers around Colorado's speedy trial statute, section 18-1-405(5), C.R.S. 2013, which states that a "defendant must move for dismissal prior to the commencement of . . . trial and prior to any pretrial motions which are set for hearing immediately before the trial." (Emphasis added.) We construe this language to mean that a defendant timely files a motion to dismiss even if it is filed on the day of trial, as long as it is filed prior to any hearing on any pretrial motion that is set for hearing on that day.

I. Background

ΒΆ 3 At his arraignment in this case on November 4, 2010, defendant entered a not guilty plea, and the court set a trial date of April 6, 2011. The prosecutor told the court that defendant was in federal custody, and that his presence had been secured through a writ to federal authorities. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.