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People v. Ong.

2021 COA 113. No. 19CA2230.  Competency to Proceed—Termination of Proceedings—Final Appealable Order.

August 19, 2021

Defendant was charged with various counts of sexual assault on a child and sexual exploitation of child. He was released on bond. Defense counsel requested a competency evaluation. The district court found defendant incompetent and ordered him to undergo outpatient competency restoration therapy. Defendant’s doctor ultimately reported that he was permanently incompetent to proceed. Defense counsel moved to terminate the proceedings and to dismiss the criminal case. On September 21, 2019, the court granted defense counsel’s motion and stayed the dismissal order for 21 days as permitted under CRS § 16-8.5-116(10). The 21 days expired, and on October 15 the clerk’s registry noted defendant’s cases as closed-dismissed.

The People filed their notice of appeal 73 days after entry of the September order and 52 days after the stay expired. Defendant moved to dismiss the appeal as untimely. The People argued that the court’s stay extended the finality of the September order for appeal purposes until the October 15 administrative entry noting the case was closed. A prosecution appeal must be filed in the Court of Appeals within 49 days after the entry of judgment or order being appealed. The Court concluded that the September 21 order was a final order and the stay of the order did not impact its finality. Further, there was no good cause for the untimely filing.

The appeal was dismissed.

Official Colorado Court of Appeals proceedings can be found at the Colorado Court of Appeals website.

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