PEOPLE v. JORLANTIN

No. 07SC875.

196 P.3d 258 (2008)

The PEOPLE of the State of Colorado, Petitioner v. Darold JORLANTIN, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 2, 2008.


Attorney(s) appearing for the Case

Carol A. Chambers, District Attorney, Eighteenth Judicial District, Andrew Cooper, Senior Deputy District Attorney, Centennial, Colorado, Attorneys for Petitioner.

Douglas K. Wilson, Colorado State Public Defender, Jessica Schmidt, Deputy State Public Defender, Centennial, Colorado, Attorneys for Respondent.


Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this appeal, we review the district court's affirmance of the county court's grant of the defendant's motion suppressing testimony of the arresting officer's observations at the time of the stop and arrest of the defendant in a driving under the influence case.1 We reverse. Absent evidence to the contrary, we hold that when a defendant files a motion to suppress...

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