In re People v. Subjack; In re People v. Lynch.

2021 CO 10. Nos. 20SA262 & 20SA283. Preliminary Hearings—Statutory Interpretation.

February 8, 2021

The Supreme Court reviewed whether a criminal defendant who is unable to post bond on a class 4 felony charge is “in custody” and therefore entitled to a preliminary hearing on that charge under CRS § 16-5-301(1)(b)(II) and Crim. P. 7(h)(1), even if that defendant is also in custody for separate, unrelated offenses. The Court overruled People v. Taylor, 104 P.3d 269 (Colo.App. 2004), and People v. Pena, 250 P.3d 592 (Colo.App. 2009), and held that such a defendant is “in custody for the offense for which the preliminary hearing is requested” for purposes of CRS § 16-5-301(1)(b)(II) and Crim. P. 7(h)(1) and is therefore entitled to a preliminary hearing on the current charges. The Court therefore made the rule to show cause in each case absolute.