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PEOPLE v. SUBJACK

Supreme Court Case No. 20SA262, Supreme Court Case No. 20SA283.

480 P.3d 114 (2021)

2021 CO 10

In Re: The PEOPLE of the State of Colorado, Plaintiff, v. David SUBJACK, Defendant In Re: The People of the State of Colorado, Plaintiff, v. Darryl Lewis Lynch, Defendant.

Supreme Court of Colorado.

February 8, 2021.

Attorney(s) appearing for the Case

Attorneys for Plaintiff: Kaitlin B. Turner , District Attorney, Eleventh Judicial District Aaron F. Pembleton , Deputy District Attorney Cañon City, Colorado.

Attorneys for Defendant David Subjack: Megan A. Ring , Public Defender Kyle Robert Nettleblad , Deputy Public Defender Salida, Colorado.

Attorneys for Defendant Darryl Lewis Lynch: CS Law, PLLC Carrie E. Skahan Colorado Springs, Colorado.

Attorneys for Respondent the Honorable Ramsey Lama: Philip J. Weiser , Attorney General Grant T. Sullivan , Assistant Solicitor General Denver, Colorado.

En Banc.

¶1 In these two original proceedings pursuant to C.A.R. 21, we address whether a criminal defendant who is unable to post bond on a class 4 felony charge is "in custody" and therefore entitled to a preliminary hearing on that charge under section 16-5-301(1)(b)(II), C.R.S. (2020), and...

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