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PEOPLE v. McKEEL

No. 10SA164.

246 P.3d 638 (2010)

The PEOPLE of the State of Colorado, Plaintiff v. Todd Quintin McKEEL, Defendant.

Supreme Court of Colorado, En Banc.

October 18, 2010.

Attorney(s) appearing for the Case

Daniel H. May , District Attorney, Fourth Judicial District, Heidi Bauer , Deputy District Attorney, Rebecca L. Greenberg , Deputy District Attorney, Doyle Baker , Deputy District Attorney, Colorado Springs, Colorado, Attorneys for Plaintiff.

Douglas K. Wilson , Colorado State Public Defender, Marcus S. Henson , Deputy State Public Defender, Tamra L. Bowman , Deputy State Public Defender, Colorado Springs, Colorado, Attorneys for Defendant.

Chief Justice MULLARKEY delivered the Opinion of the Court.

In this original proceeding under C.A.R. 21, we review an order from the trial court granting defendant Todd McKeel a bench trial over the People's objection. We hold that the trial court exceeded its jurisdiction when it determined that McKeel could not receive a fair and impartial jury trial due to his prior felony convictions, history of drug use, and status as a confidential informant. Accordingly, we...

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