In Re the People of the State of Colorado, Plaintiff v. Elizabeth Renee Tafoya, Defendant.

Summary

The court held that a defendant charged with a class four felony DUI and held in custody on that charge is entitled to a preliminary hearing. The plain language of the governing statute turns on the charge alleged and the defendant's custodial status, regardless of whether prior convictions might also function as sentence enhancers. The court therefore made the rule to show cause absolute.