In re People v. Austin

Citations

• 2018 CO 47
• 419 P.3d 587

Syllabus

Preliminary Hearings. Austin petitioned for relief pursuant to C.A.R. 21 from a district court order denying his motion for a preliminary hearing. The Supreme Court issued its rule to show cause why the order should not be disapproved, and the People responded. The Court now makes the rule absolute and orders that Austin be given a preliminary hearing because he was charged by information with a class 4 felony committed as a \crime of violence\ as defined in CRS § 18-1.3-406(2)(a)(I)(B) and (II)(C), which statutorily entitles him to a preliminary hearing, whether or not he would actually be subject to mandatory sentencing for a crime of violence.