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Dike v. People7/2/2001
7.1(b). However, it was the county court's grant of Dike's request for dismissal that presented the unusual problem here. A judgment of dismissal is a final, appealable order. See People v. Hall, 999 P.2d 207, 215 (Colo. 2000). Interlocutory appeals are from rulings that dispose of a part but not the entirety of a case. People v. Gallegos, 946 P.2d 946, 950 (Colo. 1997). Because the county court entered a dismissal order rather than just a suppression order, interlocutory appeal was no longer available as a remedy to the prosecution.
B. Correction of the County Court's Order
The basis of the reconsideration motion was that controlling precedent, our Shinaut decision, required a result contrary to the trial court's decision. As stated in Crim. P. 2, the criminal rules "are intended to provide for the just determination of criminal proceedings. They shall be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay." Crim. P. 47 provides:
An application to the court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. It may be supported by affidavit.
Crim. P. 57(b) provides that, in absence of an applicable provision, the court may proceed "in any lawful manner not inconsistent with Rules of Criminal Procedure." One of the basic duties of an attorney, often said in reference to the attorney being "an officer of the court," is that counsel will bring to the court's attention applicable legal precedent. Crim. P. 47 is a vehicle for bringing to the court's attention legal precedent that bears on the validity of the court's legal conclusions.
Here, the prosecution's motion to reconsider was filed within the time for filing an appeal with the district court under Crim. P. 37(a); consequently, the county court had not lost jurisdiction over the case. See People v. Dillon, 655 P.2d 841, 844 (Colo. 1983) (stating that "once an appeal has been perfected, the trial court has no jurisdiction to issue further orders"); People v. Albaugh, 949 P.2d 115, 116 (Colo. App. 1997).
We reject Dike's contention that the trial court cannot correct its legal conclusions during the period for taking an appeal when it becomes aware, sua sponte or on motion by a party, of controlling legal precedent of which it was unaware when it dismissed the case. No rule of law provides that the sole means for addressing a trial court's error of law is an appeal when the court still retains jurisdiction over the case. Crim. P. 47 and 57(b) are designed to afford courts the ability to address an issue unforeseen by the Rules of Criminal Procedure, such as here.
III.
Accordingly, we uphold the judgment of the district court affirming the county court's entry of the judgment of conviction.
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