(DOWNLOAD) "People V. Quintana" by Colorado Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: People V. Quintana
- Author : Colorado Supreme Court
- Release Date : January 14, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Pursuant to section 16-12-102, C.R.S. 1973 (1978) Repl. Vol. 8), the People appeal the trial court's dismissal of habitual criminal charges after a jury, in the first phase of a statutory bifurcated trial under the habitual criminal statute, section 16-13-101 et seq., C.R.S. 1973 (1978 Repl. Vol. 8), had returned a verdict of guilty to the substantive crime of second degree burglary of a building, section 18-4-203, C.R.S. 1973 (1978 Repl. Vol. 8). The court dismissed one habitual criminal count on the basis of an inadequate judicial advisement during the providency hearing at which the defendant entered a plea of guilty. The court dismissed the two remaining habitual criminal counts because the substantive crime of second degree burglary of a building did not qualify under the habitual criminal statute as "a felony for which the maximum penalty prescribed by law exceeds five years." Section 16-13-101, C.R.S. 1973 (1978 Repl. Vol. 8). We disapprove of the trial court's rulings but hold that the state constitutional guarantee against double jeopardy, Colo. Const. Art. II, Sec. 18, prohibits the retrial of the defendant on the habitual criminal charges.
 "People V. Quintana" by Colorado Supreme Court ~ Book PDF Kindle ePub Free){kind=link}