Mark A. Strepka v. the People of the State of Colorado

Summary

The court held that a trial court retains jurisdiction to decide a motion for return of unlawfully seized property after criminal charges are dismissed, provided the motion is filed before the appeal deadline expires. Because Strepka filed his motion twenty-one days after dismissal, the trial court had jurisdiction even though it ruled after the forty-nine-day appeal period. The court reversed the court of appeals and remanded for consideration of the appeal on the merits.