People v. Logan, 28402
Decision Date | 08 January 1979 |
Docket Number | No. 28402,28402 |
Citation | 196 Colo. 573,588 P.2d 870 |
Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Leland Glen LOGAN, Defendant-Appellant. |
Court | Colorado Supreme Court |
J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., J. Stephen Phillips, Chief, Crim. Appeals Appellate Section, Asst. Atty. Gen., Denver, for plaintiff-appellee.
J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Nicholas R. Massaro, Jr., Deputy State Public Defender, Denver, for defendant-appellant.
Defendant-appellant was committed to the Colorado State Hospital in 1973 after he was found not guilty of first-degree murder by reason of insanity. In 1977, appellant filed a motion for a release hearing under section 16-8-115, C.R.S. 1973. The director of the Colorado State Hospital recommended continued hospitalization. A trial to decide eligibility for release was held and the jury found that appellant's reasonably foreseeable dangerousness to either himself or others warranted continued confinement. Appellant appeals on the ground that it is unconstitutional to require him to bear the burden of proof that he will not be dangerous in the reasonably foreseeable future. Section 16-8-115(2), C.R.S. 1973. 1
People v. Howell, Colo., 586 P.2d 27, is dispositive of the issue here presented. We therefore affirm. In that case, the identical argument was presented to this court for determination and the court stated:
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