Gansz v. People

888 P.2d 256 (1995)

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Nature of the Case

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Facts

The DA charged Herron with the second-degree assault of P. Herron waived a preliminary hearing, and was bound over to the district court for trial. After reviewing the case before trial, the district attorney filed a motion to dismiss the case, asserting that the charges could not be proven beyond a reasonable doubt. The judge dismissed the charge without a hearing. P wrote a letter objecting to the dismissal. The judge vacated the dismissal and ordered a hearing. At the hearing, the trial judge ruled that P lacked standing to proceed under Crim. P. 48(a). The DA stated that the prosecution sought to dismiss the case because P was not a credible witness. The trial judge granted the motion to dismiss. P appealed claiming that article II, section 16a of the Colorado Constitution, as implemented by the General Assembly, grants her legal standing to appeal the trial court's dismissal. The court of appeals affirmed. P appealed.