Supreme Court of Colorado

The People of the State of Colorado, Petitioner v. Ivan Zhuk, Respondent

September 20, 2010239 P.3d 437

Summary

The court held that the ten-day period for filing a prosecution interlocutory appeal under Crim. P. 37.1 must be calculated under C.A.R. 26(a), which excludes intervening Saturdays, Sundays, and legal holidays. Because the People's notice was filed within ten days calculated under that method, the appeal was timely. The court reversed the district court's dismissal and remanded for further proceedings.