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PEOPLE v. GILLILAND

No. 87SA181.

769 P.2d 477 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Daniel Joseph GILLILAND, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

February 13, 1989.

Attorney(s) appearing for the Case

Roger B. Larsen, Dist. Atty., Steven B. Rich, Chief Deputy Dist. Atty., Norman C. Cooling, Deputy Dist. Atty., Canon City, for plaintiff-appellant.

No appearance for defendant-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Carolyn Lievers, First Asst. Atty. Gen., Denver, for amicus curiae Colorado Dept. of Institutions.

QUINN, Chief Justice.

The question in this case is whether subsequent to the commitment of a defendant to the Colorado State Hospital as a result of an insanity adjudication, the committing court retains jurisdiction to rule on a prosecutorial motion for an order authorizing the professional staff of the hospital to administer antipsychotic medication to the nonconsenting and mentally incompetent defendant. The district court...

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