David Henry Wood, Petitioner v. the People of the State of Colorado, Respondent

Summary

The court held that a trial court's pretrial denial of statutory immunity under Colorado's "make-my-day" statute is not reviewable on direct appeal after trial because the ruling is interlocutory and becomes moot when the jury resolves the same factual conditions. The ruling does not implicate subject matter jurisdiction, although the defendant may seek immediate discretionary review under C.A.R. 21 before trial. The court therefore affirmed the court of appeals' judgment declining to review Wood's immunity claim.