People v. Figueroa-Lemus

1 Citing case

  1. People v. Ong

    499 P.3d 375 (Colo. App. 2021)

    See People v. Gabriesheski , 262 P.3d 653, 657 (Colo. 2011) ("The dismissal of all charges in a criminal prosecution clearly ends the particular action in which the order of dismissal is entered and therefore constitutes a final judgment for purposes of the People's request for appellate review of any ruling in the case" on a question of law.); see also People v. Collins , 32 P.3d 636, 638 (Colo. App. 2001) (the dismissal of criminal charges is analogous to a final judgment because the dismissal of a charge effectively terminates prosecution of the charge); § 16-12-102(1) (the entry of an order dismissing all charges in a criminal case is "immediately appealable"); cf. People v. Figueroa-Lemus , 2020 CO 59, ¶ 10, 465 P.3d 565 (a statutorily sanctioned deferred judgment and sentence is not a final judgment; until and unless it is revoked, it is not subject to appellate review); Kazadi v. People , 2012 CO 73, ¶ 18, 291 P.3d 16 (in deferring judgment and sentence, the trial court has not yet imposed the sentence and, therefore, a judgment of conviction has not entered that is subject to postconviction or appellate review until the deferred judgment is revoked and sentence is imposed); Ellsworth v. People , 987 P.2d 264, 266 (Colo. 1999) (until a sentence is imposed there can be no final judgment); see also C.A.R. 8.1(a)(4) (an order placing an offender on probation remains in effect pending review by an appellate court unless the court grants a stay of probation);see generally State v. Bachman , 675 S.W.2d 41, 44-45 (Mo. Ct. App. 1984) (explaining that a stay of imposition of a sentence and a stay of execution of a sentence "are not the same thing," as they do not cause a trial court to co