497 P.2d 8 (Colo. 1972), 24945, People v. Kernanen

Docket Nº:24945.
Citation:497 P.2d 8, 178 Colo. 234
Opinion Judge:ERICKSON, Justice.
Party Name:The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Robert A. KERNANEN, Defendant-Appellee.
Attorney:Jarvis Seccombe, Dist. Atty., Thomas P. Casey, Deputy Dist. Atty., Denver, for plaintiff-appellant., Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, T. Michael Dutton, Deputy State Public Defender, Denver, for defendant-appellee. [178 Colo. 236] Jar...
Case Date:May 08, 1972
Court:Supreme Court of Colorado

Page 8

497 P.2d 8 (Colo. 1972)

178 Colo. 234

The PEOPLE of the State of Colorado, Plaintiff-Appellant,

v.

Robert A. KERNANEN, Defendant-Appellee.

No. 24945.

Supreme Court of Colorado, En Banc

May 8, 1972

Page 10

[178 Colo. 236] Jarvis Seccombe, Dist. Atty., Thomas P. Casey, Deputy Dist. Atty., Denver, for plaintiff-appellant.

Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, T. Michael Dutton, Deputy State Public Defender, Denver, for defendant-appellee.

ERICKSON, Justice.

Robert A. Kernanen, hereinafter referred to as the defendant, was charged with committing two robberies. One of the robberies occurred in Jefferson County and the other in the City and County of Denver. Both robberies were committed by the defendant within three hours on the same day. He was charged with the offense of robbery in both counties and interposed pleas of not guilty and not guilty by reason of insanity at the time of the alleged commission of the crime to both charges.

The defendant was first tried in Jefferson County on the sanity issue. The record discloses that the court appointed a psychiatrist to examine the defendant. The court-appointed psychiatrist took a detailed history of the defendant which covered his use of drugs and the events leading to his alleged [178 Colo. 237] commission of the crimes in both Denver and Jefferson Counties. Thereafter, a noncontested sanity hearing was held in Jefferson County at which the psychiatrist testified. Based on the psychiatrist's testimony, the Jefferson County district court entered a final judgment which declared the defendant to be insane within the contemplation of 1965 Perm.Supp., C.R.S.1963, 39--8--1(2).

Following the resolution of the charges in Jefferson County, the district attorney of the City and County of Denver sought to prosecute the defendant for the robbery which he committed in Denver. Relying upon the previous adjudication of insanity by the Jefferson County district court, defense counsel moved to dismiss. The motion was predicated on the doctrine of collateral estoppel as embodied in the double jeopardy clause of the Fifth Amendment to the United States Constitution. See Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970). See also, Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707 (1969), which made the double jeopardy clause of the Fifth Amendment applicable to the States. The motion to dismiss was granted, and the prosecution then brought this...

To continue reading

FREE SIGN UP