PEOPLE v. PARSONS, 645 P.2d 850 (Colo. 1982)

The People of the State of Colorado, Plaintiff-Appellant, v. Anneliese B. Parsons, Defendant-Appellee.

No. 80SA529Supreme Court of Colorado.
Decided May 17, 1982. Rehearing denied June 14, 1982.

Appeal from the District Court of El Paso County, Honorable Bernard R. Baker, Judge.

Robert L. Russel, District Attorney, David H. Zook, Chief Deputy District Attorney, for plaintiff-appellant.

J. Gregory Walta, Colorado State Public Defender, Jody Sorenson Theis, Deputy State Public Defender, for Defendant-appellee.

En Banc.

Per Curiam

[1] Following our reversal of this defendant’s conviction in People v. Parsons, 199 Colo. 421, 610 P.2d 93 (1980), the district attorney’s office sought to reprosecute the defendant. The trial court dismissed the case and its judgment of dismissal is the subject of this appeal by the district attorney. The thrust of this appeal involves a matter which would have been a proper subject for a petition for rehearing under C.A.R. 40, afte People v. Parsons, supra, was announced. The People did not include it in a timely petition for rehearing. The district attorney is, therefore, now precluded from raising this matter here.

[2] Appeal dismissed.

[3] JUSTICE ERICKSON does not participate.