PEOPLE v. BAKER

No. 04SA194.

104 P.3d 893 (2005)

In re: Plaintiff: The PEOPLE of the State of Colorado, v. Defendant: Bobby L. BAKER.

Supreme Court of Colorado, En Banc.

January 18, 2005.


Attorney(s) appearing for the Case

David S. Kaplan, Colorado State Public Defender Kathleen A. Lord, Chief Appellate Deputy Public Defender Denver, for Petitioner.

John W. Suthers, Acting Attorney General, John T. Bryan, Assistant Attorney General, Denver, for Respondent.


MULLARKEY, Chief Justice.

In this original proceeding, Bobby Baker, petitioner, seeks a writ of mandamus compelling the court of appeals to accept his direct appeal. We issued a rule to show cause and now make that rule absolute.

The court of appeals abused its discretion when it dismissed Baker's appeal as untimely. Errors by the trial court and Baker's trial counsel, combined with the lack of prejudice to the prosecution in allowing the appeal to proceed...

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