People v. Whittington.

2024 CO 65. No. 24SA150. Discovery—Criminal Procedure—Abuse of Discretion—Sanctions—Exclusion of Evidence.

September 30, 2024

The People argued that a county court both lacked jurisdiction and abused its discretion when it excluded evidence from a felony preliminary hearing as a discovery sanction. The Supreme Court held that the county court abused its discretion because it did not make factual findings to support the severity of the sanction. Accordingly, the Court did not address whether the county court had jurisdiction to exclude evidence from the preliminary hearing.