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PEOPLE v. GARCIA

Court of Appeals No. 10CA0320.

320 P.3d 360 (2013)

2013 COA 15

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Johnnie Nicholas GARCIA, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Announced February 28, 2013.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Jonathan P. Fero , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson , Colorado State Public Defender, Ned R. Jaeckle , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by JUDGE GRAHAM.

¶ 1 Defendant, Johnnie Nicholas Garcia, appeals the order of the district court concluding it had jurisdiction to accept his guilty plea. We are called upon to decide whether the failure to include a statement of good cause with the refiling of felony criminal charges in county court pursuant to Crim. P. 5(a)(4)(VII) presents a jurisdictional bar to prosecution of a defendant. Under the circumstances here, we conclude that the statement...

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