People v. Parsons, No. 80SA529

Docket NºNo. 80SA529
Citation645 P.2d 850
Case DateMay 17, 1982
CourtSupreme Court of Colorado

Page 850

645 P.2d 850
The PEOPLE of the State of Colorado, Plaintiff-Appellant,
Anneliese B. PARSONS, Defendant-Appellee.
No. 80SA529.
Supreme Court of Colorado, En Banc.
May 17, 1982.
Rehearing Denied June 14, 1982.

Robert L. Russel, Dist. Atty., David H. Zook, Chief Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

J. Gregory Walta, State Public Defender, Jody Sorenson Theis, Deputy State Public Defender, Denver, for defendant-appellee.


Following our reversal of this defendant's conviction in People v. Parsons, 199 Colo. 421, 610 P.2d 93 (1980), the district attorney's office sought to reprosecute the defendant. The trial court dismissed the case and its judgment of dismissal is the subject of this appeal by the district attorney. The thrust of this appeal involves a matter which would have been a proper subject for a petition for rehearing under C.A.R. 40, after People v. Parsons, supra, was announced. The People did not include it in a timely petition for rehearing. The district attorney is, therefore, now precluded from raising this matter here.

Appeal dismissed.

ERICKSON, J., does not participate.

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