PEOPLE v. SEGOVIA

No. 08SA164.

196 P.3d 1126 (2008)

In re The PEOPLE of the State of Colorado, Plaintiff v. Joel Palma SEGOVIA, Defendant.

Supreme Court of Colorado, En Banc.

November 24, 2008.


Attorney(s) appearing for the Case

Mark D. Hurlbert, District Attorney, Fifth Judicial District, Anne P. Francis, Deputy District Attorney, Eagle, Colorado, Attorney for Plaintiff.

Theodore G. Hess, Bill Schubert, Hess & Schubert, LLP, Glenwood Springs, Colorado, Attorneys for Defendant.


Justice RICE delivered the Opinion of the Court.

In this original proceeding brought pursuant to C.A.R. 21, the defendant in a criminal case seeks review of the trial court's denial of his motion to dismiss on double jeopardy grounds. We issued a rule to show cause to the trial court and now make that rule absolute, holding that the trial court erred in finding evidence of a prior instance of shoplifting inadmissible pursuant to CRE 608(b). Based on what occurred...

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