Delacruz v. Colorado
Annotate this CaseGerardo Delacruz was convicted of first degree murder, attempted first degree murder, first degree assault, and prohibited use of a weapon arising from an altercation that took place at a bar in Denver. Delacruz’s convictions were reversed on appeal and, pursuant to section 18-1-405(2), the deadline for his second trial was set for six months from the date the trial court received the court of appeals’ mandate. Four days before trial, and fourteen days before the speedy trial deadline was set to expire, the prosecution learned of a potential conflict of interest involving Delacruz’s defense counsel. The prosecution notified the court, which held a hearing on the matter the following day. The trial court concluded that a continuance was necessary for an independent investigation that would allow Delacruz to make an informed decision with respect to the potential conflict. The trial court also concluded that the prosecution was entitled to a continuance under subsection (6)(g)(I) and (II) of the speedy trial statute to allow the prosecution additional time to secure the presence of the witness who brought this potential conflict to the prosecution’s attention. Delacruz objected to the continuance as a speedy trial violation and moved to dismiss his charges on the same grounds at a later hearing. The court of appeals concluded that the trial court did not abuse its discretion in continuing the speedy trial deadline. Delacruz petitioned the Colorado Supreme Court for relief, arguing that because subsection (6) stated that its exclusions apply “[i]n computing the time within which a defendant shall be brought to trial as provided in subsection (1) of [the speedy trial statute],” these exclusions did not apply to the speedy trial calculation for a new trial following reversal of a defendant’s convictions on appeal. Delacruz further contended that the trial court erred in concluding that the potential conflict constituted an exceptional circumstance under subsection (6)(g)(II) justifying a continuance for further investigation because Delacruz could have waived his right to conflict-free counsel at the hearing without an investigation. Finally, Delacruz argued the trial court erred in finding that the prosecution was entitled to a continuance under subsection (6)(g)(I) because the witness was not “unavailable” nor was her testimony “material,” as required for a continuance under subsection (6)(g)(I). Finding no reversible error in the Court of Appeals’ judgment, the Supreme Court affirmed.
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