PEOPLE v. THORNTON

No. 95SC35.

929 P.2d 729 (1996)

The PEOPLE of the State of Colorado, Petitioner, v. Bryan Sidney THORNTON, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 13, 1997.


Attorney(s) appearing for the Case

G.F. Sandstrom, District Attorney, Tenth Judicial District, Patrick K. Avalos, Supervising Deputy District Attorney, Pueblo, for Petitioner.

David F. Vela, Colorado State Public Defender, Victor I. Reyes, Deputy State Public Defender, Pueblo, for Respondent.


Justice LOHR delivered the Opinion of the Court.

The defendant, Bryan Sidney Thornton, was charged with one count of felony escape based on flight from police officers during the course of efforts to arrest him on a felony warrant. At the conclusion of a preliminary hearing, the trial court dismissed the escape charge for lack of probable cause, ruling that the prosecution failed to establish that the defendant was "in custody or confinement" before he fled, as required...

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