Supreme Court of Colorado

Victor Mosley, Petitioner v. the People of the State of Colorado, Respondent

April 10, 2017392 P.3d 1198

Summary

The court held that the statutory exclusions from Colorado's six-month speedy-trial calculation apply to a retrial following reversal of a conviction. It concluded that the retrial provision identifies the event triggering the six-month period but does not create a separate speedy-trial right or alter the dismissal remedy and exclusions established elsewhere in the statute. The court also held that the trial court did not abuse its discretion in finding prosecutorial diligence sufficient to support a continuance for an unavailable material witness, and therefore affirmed.