Gansz v. People, 888 P.2d 256 (Colo. 1995)

Cases | Gansz v. People, 888 P.2d 256 (Colo. 1995) | 2018

Defendant was charged with second degree assault. The district attorney filed a motion to dismiss on the basis that the charges could not be proven beyond a reasonable doubt. The trial court granted the motion. The victim claimed legal standing to appeal under Colo. Const. Art. II, § 16a. The court of appeals upheld the dismissal, finding that the victim lacked standing to appeal. The supreme court held that Colo. Const. Art. II, § 16a does not grant the victim legal standing to appeal the trial court’s dismissal of criminal charges. Colo. Rev. Stat. § 24-4.1-302.5, the enabling legislation of Colo. Const. Art. II, § 16a, provides that a victim’s right to be heard is limited to court proceedings involving bond reduction or modification, acceptance of a negotiated plea agreement, or sentencing. Neither Colo. Const. Art. II, § 16a nor Colo. Rev. Stat. § 24-4.1-302.5 grants the victim the right to be heard on the district attorney’s motion to dismiss a criminal charge.