Supreme Court of Colorado

In Re the People of the State of Colorado v. Alexander Carlos Nunez

May 17, 2021486 P.3d 1149

Summary

The court made absolute the rule issued under its original jurisdiction and held that Nunez's statutory speedy-trial deadline expired before the trial court declared a mistrial. Because the court could not retroactively declare a mistrial to toll the deadline, the charges had to be dismissed with prejudice. The court also declined to consider an unpreserved alternative tolling argument and found that an unresolved continuance motion did not extend the deadline.