People v. Meyers

Full title: The People of the State of Colorado v. Thomas Neil Meyers

Court: Colorado Court of Appeals. Division I

Date published: Jul 19, 1979

43 Colo. App. 63 (Colo. App. 1979)

598 P.2d 526

Opinion

No. 79CA0531

Decided July 19, 1979.

Defendant appealed a district court affirmance of a county court judgment.

Appeal Dismissed

1. APPEAL AND ERROR — Appeal From County Court — To District Court — Further Review — Only By Writ of Certiorari — Supreme Court — Filed in Court of Appeals — Dismissed. Where applicable statutes provide that cases appealed from county court to district court may only be further reviewed by writ of certiorari granted by the Supreme Court, such a case filed for review in the Court of Appeals must be dismissed for failure to follow statutory procedure.

Appeal from the District Court of Chaffee County, Honorable Howard E. Purdy, Judge.

J. D. MacFarlane, Attorney General, J. Stephen Phillips, Assistant, for plaintiff-appellee.

Thomas Neil Meyers, Pro Se.

Opinion by JUDGE SILVERSTEIN.

Defendant appealed a county court judgment to the district court, which affirmed. He then filed this appeal. We dismiss the appeal.

Section 13-6-310(1), C.R.S. 1973, provides that a final judgment rendered by a county court shall be reviewed by the district court of the judicial district in which the county is located. Further review of such cases may be had only by petition for writ of certiorari to the Supreme Court. Section 13-6-310(4), C.R.S. 1973. Furthermore, cases appealed from a county court to a district court are specifically excluded from the jurisdiction of the Court of Appeals. Section 13-4-102(1)(f), C.R.S. 1973.

[1] Where the General Assembly has enacted statutes prescribing appellate procedure, this court may not modify the jurisdiction granted it by statute. Bill Dreiling Motor Co. v. Court of Appeals, 171 Colo. 448, 468 P.2d 37 (1970). Although § 13-4-110(3), C.R.S. 1973, provides that cases filed in the wrong appellate court shall not be dismissed, where, as here, appeal will not lie in either court, the only review being by certiorari, the case must be dismissed for failure to comply with the statutory procedure. People ex rel. City of Aurora v. Smith, 162 Colo. 72, 424 P.2d 772 (1967); Industrial Commission v. Plains Utility Co., 127 Colo. 506, 259 P.2d 282 (1953); Trujillo v. Industrial Commission, 31 Colo. App. 297, 501 P.2d 1344 (1972).

Opinion by JUDGE SILVERSTEIN.

Therefore, the appeal is dismissed.

JUDGE COYTE and JUDGE KELLY concur.