People v. Jebe.
2026 CO 48. No. 25SC53. Appeal Timeliness—Motions to Reconsider—Tolling Effect.
June 23, 2026
The supreme court granted certiorari to review whether the court of appeals erred in dismissing the People’s appeal as untimely. The People filed their appeal within 49 days of the district court’s order denying their motion to reconsider its judgment dismissing Jebe’s charges with prejudice.
The court held that when the People timely file a motion to reconsider in the district court, it tolls the appeal timeline. Hence, the court concluded here that the People’s appeal was timely because they (1) filed a motion to reconsider within the 49-day appeal period set forth in C.A.R. 4(b)(6)(A), which tolled the appeal timeline, and then, factoring in the time period tolled, (2) filed a notice of appeal within 49 days of the district court’s order denying the motion to reconsider. Accordingly, the court reversed the judgment of the court of appeals and remanded the case for the court of appeals to reinstate the People’s appeal as timely filed.