Opinion
22SC455
02-06-2023
City of Colorado Springs, Petitioner v. Ronnie Barajas, Respondent
El Paso County District Court Case No. 21CV31964
Petition for Writ of Certiorari. DENIED.
CHIEF JUSTICE BOATRIGHT would grant as to the following issues:
Whether Respondent-Defendant's summons was valid under C.M.C.R. 204(b)(4) and supporting caselaw, and therefore whether the trial court erred in dismissing the Dangerous Animal charge for deficiency of summons.
Whether Crim. P. 48(b) allows the trial court to dismiss a complaint prior to trial on its own motion over the objection of the Prosecuting Attorney, or where the Prosecuting Attorney is not given an opportunity to object.