 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Fisher7/5/1988
on charged committed it." § 16-1-105(14), 8A C.R.S. (1986). Probable cause must be established as to each element of the crime charged. People v. Moyer, 670 P.2d 785, 791 (Colo. 1983). If the county court dismisses a charge after the preliminary hearing for lack of probable cause, the only remedy available to the prosecutor is to request leave to file a direct information in the district court. If the district court denies that request, its decision may be appealed. People v. Freiman, 657 P.2d 452, 454 (Colo. 1983). "This court generally discourages appeals involving sufficiency of the evidence determinations. However, where . . . the evidence is sufficient as a matter of law to establish probable cause, and a reversal of the trial court's dismissal is required, we will entertain the appeal." People v. Holder, 658 P.2d 870, 871 (Colo. 1983); People v. Hrapski, 658 P.2d 1367, 1368 (Colo. 1983), on appeal after remand, 718 P.2d 1050 (Colo. 1986).
At a preliminary hearing the prosecution must provide sufficient evidence "to induce a person of ordinary prudence and caution to a reasonable belief that the defendant committed the crimes charged." People v. Williams, 628 P.2d 1011, 1014 (Colo. 1981). The prosecution is not required to present evidence "sufficient to support a conviction." Id. The judge presiding at a preliminary hearing is required to apply the law to the prosecution's case. People v. Cisneros, 193 Colo. 380, 383, 566 P.2d 703, 705 (1977). " t is not for the trial judge at a preliminary hearing to accept the defendant's version of the facts over the legitimate inferences which can be drawn from the People's evidence." Holder, 658 P.2d at 872. Hearsay and other incompetent evidence may properly comprise the bulk of the evidence at a preliminary hearing. Blevins v. Tihonovich, 728 P.2d 732, 734 (Colo. 1986).
The test is whether the prosecution's evidence, taken alone and in a light most favorable to the prosecution, is sufficient to induce a reasonable belief that the defendant committed the crime with which she has been charged. Holder, 658 P.2d at 871. The following standards for determining probable cause at a preliminary hearing apply:
(1) Probable cause is established when the evidence is sufficient to induce a person of ordinary prudence and caution to a reasonable belief that the defendant committed the crimes charged; (2) The evidence presented must be viewed in the light most favorable to the prosecution; (3) If testimony conflicts, the trial court must draw an inference for the prosecution; and (4) The preliminary hearing is a screening device and not a trial. Therefore, evidence sufficient to support a conviction is not required.
Williams, 628 P.2d at 1014; see People v. Brisbin, 727 P.2d 374, 375 (Colo. 1986).
Second degree murder is a general intent crime, and the prosecution must establish two factors to prove the crime. The first factor is that death was "more than merely a probable result of defendant's actions." People v. Mingo, 196 Colo. 315, 318, 584 P.2d 632, 633 (1978). The second factor is that the defendant "was aware of the circumstances which made death practically certain." Id. The first factor is an objective standard, and the second factor is a subjective standard. People v. District Court, 198 Colo. 70, 74, 595 P.2d 1045, 1047 (1979). Premeditation o
Page 1 2 3 4 5 6 7 Colorado DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|