[DOWNLOAD] "People V. Thornton" by Colorado Supreme Court # Book PDF Kindle ePub Free

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eBook details

• Title: People V. Thornton
• Author : Colorado Supreme Court
• Release Date : January 16, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The defendant, Bryan Sidney Thornton, was charged with one count of felony escape based on flight from police officers during the course of efforts to arrest him on a felony warrant. At the Conclusion of a preliminary hearing, the trial court dismissed the escape charge for lack of probable cause, ruling that the prosecution failed to establish that the defendant was "in custody or confinement" before he fled, as required by the escape statute, section 18-8-208(3), 8B C.R.S. (1986). On appeal by the prosecution, the Colorado Court of Appeals affirmed the dismissal. People v. Thornton, 902 P.2d 381, 383 (Colo. App. 1994). We granted certiorari to determine whether the court of appeals correctly defined the phrase "in custody or confinement" as it is used in section 18-8-208(3), 8B C.R.S. (1986). We now hold that the court of appeals adopted an erroneous interpretation of the statute, and that under a correct construction, the prosecution established probable cause to believe that the defendant was "in custody" before fleeing. We therefore reverse the judgment of the court of appeals and return the case to that court with directions to remand the case to the trial court for reinstatement of the escape charge.

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