People v. Peek, 79SA223
| Decision Date | 10 December 1979 |
| Docket Number | No. 79SA223,79SA223 |
| Citation | 199 Colo. 3,604 P.2d 23 |
| Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Keith William PEEK and Michael Clyde Peek, Defendants-Appellees. |
| Court | Colorado Supreme Court |
John Anderson, Dist. Atty., Eleventh Judicial District, Canon City, for plaintiff-appellant.
J. Gregory Walta, Colorado State Public Defender, Shelley Gilman, Deputy State Public Defender, Denver, for defendants-appellees.
This is an appeal by the district attorney on a question of law, section 16-12-102, C.R.S.1973 ). The defendants were not brought to trial within the six months that followed their arraignment, and an interpretation of the speedy trial provisions, section 18-1-405(1), C.R.S.1973 ) and Crim.P. 48 is the sole issue before us.
It is the burden of the prosecution and the trial court to comply with the requirements of both the speedy trial statute and rule. People v. Colantonio, 196 Colo. 242, 583 P.2d 919 (1978); People v. Lopez, 41 Colo.App. 206, 587 P.2d 792 (1978). The defendants did not waive their right to a speedy trial and their motion to dismiss was properly granted. Harrington v. District Court, 192 Colo. 351, 559 P.2d 225 (1977); Tasset v. Yeager, 195 Colo. 190, 576 P.2d 558 (1978).
Accordingly, we affirm.
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People v. Bell, 82SA255
...rests with the district attorney and with the trial court to insure that the time limits of section 18-1-405 are met. People v. Peek, 199 Colo. 3, 604 P.2d 23 (1979); People v. Colantonio, 196 Colo. 242, 583 P.2d 919 The second theory advanced by the People is that the delay in bringing the......
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People v. Deason
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...and judicial delays to a pending criminal proceeding. See generally Marquez v. District Court, Colo., 613 P.2d 1302 (1980); People v. Peek, Colo., 604 P.2d 23 (1979); People v. Murphy, 183 Colo. 106, 515 P.2d 107 (1973); Jaramillo v. District Court, 174 Colo. 561, 484 P.2d 1219 (1971). The ......
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Rule 48 NUMBER OF JURORS.
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