Bondsteel v. People

Citations

• 2019 CO 26
• 439 P.3d 847

Syllabus

Renewal of Motions—Preservation of Objections—Joinder—Cross-Admissibility of Evidence. In this case, the Supreme Court considered whether a criminal defendant's failure to renew at trial a pretrial objection to the prosecution's motion to join two separately filed cases waives the defendant's ability to challenge such joinder on appeal and, if not, whether the cases were properly joined here. The Court concluded that, to the extent People v. Barker, 501 P.2d 1041 (Colo. 1972), and People v. Aalbu, 696 P.2d 796 (Colo. 1985), required a defendant to renew at trial a pretrial objection to joinder or motion to sever, those cases are no longer good law because the renewal obligation they espoused is inconsistent with the current rules of criminal procedure. Thus, Bondsteel properly preserved his objection to the joinder of the two cases filed against him. Turning to the merits, the Court concluded that the trial court properly exercised its discretion in joining the cases at issue because the record supports the court's findings that the joinder of the two cases satisfied the requirements of Crim. P. 8(a)(2) and 13 and the joinder did not prejudice defendant. Accordingly, the judgment was affirmed.