PEOPLE v. HOLLIS

No. 81CA0882.

670 P.2d 441 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Kay HOLLIS, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 28, 1983.

Certiorari Denied September 26, 1983.


Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., Valerie J. McNevin-Petersen, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Jody Sorenson Theis, Deputy State Public Defender, Denver, for defendant-appellant.


STERNBERG, Judge.

The question raised by this appeal is whether the rule or statute prevails in the case of conflict between the provisions of a Supreme Court rule and a statute as to the number of peremptory challenges allowed a defendant in a criminal trial. Concluding that the right to peremptory challenges is substantive, and not merely procedural, we hold that the statute controls.

In the trial of this case, defendant, Kay Hollis, was convicted of second...

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