People v. Soto-Campos and People v. Flores-Rosales
Citations
- 2018 COA 118
- 436 P.3d 566
Syllabus
The prosecution filed a grand jury indictment against several defendants, including Soto-Campos and Flores-Rosales, for their alleged involvement in a heroin distribution enterprise. Defendants' attorneys filed motions requesting that the district court conduct a probable cause review under CRS § 16-5-204(4)(k) for count sixty-one, Special Offender,Within 1000 Feet of a School. After review, the court dismissed that count. The prosecution then asked the court to reconsider, arguing that defendants were not entitled to probable cause review of the sixty-first count because it was a sentence enhancer, not a substantive offense. The district court denied the motions. On appeal, the People contended that the district court erred in conducting the probable cause review because, considering legal principles governing preliminary hearings, the sixty-first count is a \stand-alone\ sentence enhancer, and thus not subject to review under CRS § 16-5-204(4)(k). CRS § 16-5-204(4)(k) is not limited to substantive offenses, but instead broadly requires a district court to dismiss \any indictment\ based on a probable cause finding that lacks record support. Therefore, the district court properly reviewed the sixty-first count under CRS § 16-5-204(4)(k) and did not abuse its discretion in dismissing this count for lack of record support. The orders were affirmed.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that § 2241 was the proper vehicle when prisoners sought “release from custody to limit their exposure to the COVID-19 virus”
- recognizing that “[t]he COVID- 19 virus creates a substantial risk of serious harm leading to pneumonia, respiratory failure, or death”
- concluding that similar measures taken in a federal prison showed a reasonable response to the risk posed by COVID-19
- recognizing that “[t]he COVID-19 virus creates a substantial risk of serious harm leading to pneumonia, respiratory failure, or death”
- recognizing that the “[t]he COVID-19 virus creates a substantial risk of serious harm leading to pneumonia, respiratory failure, or death”
- recognizing that “[t]he COVID-19 virus creates a substantial risk of serious harm leading to pneumonia, respiratory failure, or death”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.