PEOPLE v. NUTTER, 197 Colo. 70 (1979)

(589 P.2d 953)

The People of the State of Colorado v. Isaac Nutter

No. 28137Supreme Court of Colorado.
Decided January 29, 1979.

Appeal from the district court of the City and County of Denver.

Appeal Dismissed

1. APPEAL AND ERROR — State of Record — Inability to Determine Facts — Dismissal. Where the state of the record is such that the court cannot determine the facts necessary to base an informed opinion, the appeal must be dismissed.

Appeal from the District Court of the City and County of Denver, Honorable John Brooks, Jr., Judge.

Dale Tooley, District Attorney, Brooke Wunnicke, Chief Appellate Deputy, for plaintiff-appellant.

J. Gregory Walta, State Public Defender, Craig L. Truman, Chief Deputy, Thomas M. VanCleave, III, Deputy, Michael Heher, Deputy, for defendant-appellee.

En Banc.

MR. JUSTICE PRINGLE delivered the opinion of the Court.

The issue before this court is whether the trial court’s action in suppressing both an out-of-court and an in-court identification was proper. The case was later dismissed and the People have appealed from the trial court’s ruling on the suppression of the identification evidence.

Page 71

[1] From the state of the record before us, we are unable to determine the facts necessary for us to base an informed opinion in this case.

We therefore, dismiss the appeal.