PEOPLE v. WARTENA

No. 06SA232.

156 P.3d 469 (2007)

In re PEOPLE of the State of Colorado, Plaintiff v. Matthew Gene WARTENA, Defendant.

Supreme Court of Colorado, En Banc.

April 16, 2007.


Attorney(s) appearing for the Case

Scott W. Storey, District Attorney, 1st Judicial District, Donna Skinner Reed, Chief Appellate Deputy District Attorney, Golden, Colorado, Attorneys for Plaintiff.

Douglas K. Wilson, State Public Defender, Nancy Holton, Deputy Public Defender, Golden, Colorado, Attorneys for Defendant.


Justice MARTINEZ delivered the Opinion of the Court.

In this C.A.R. 21 proceeding, we hold that the trial court abused its discretion when it committed to ordering suppression of DNA results for tests that had not yet been conducted if the CBI refused to permit videotaping and the district attorney refused to pay the expense of a defense expert. Thus, we vacate the ruling.

I. Facts and Procedural History

The defendant, Matthew Wartena ("Wartena"...

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