Supreme Court of Colorado
In Re: the People of the State of Colorado v. David Subjack, in Re: the People of the State of Colorado v. Darryl…
February 8, 2021480 P.3d 114
Summary
The court held that defendants charged with class 4 felonies are entitled to preliminary hearings when they remain in custody on those charges because they have not posted bond, even if they are also serving unrelated prison sentences. The statutory and rule language does not require the charged offense to be the primary basis of custody, and the court rejected that additional requirement. The court made the rules to show cause absolute and remanded for preliminary hearings.