In re Colorado v. TafoyaAnnotate this Case
A district court denied Elizabeth Tafoya a preliminary hearing. Tafoya was accused of a class four felony, DUI (fourth or subsequent offense). She requested a preliminary hearing on that charge, but the district court found the DUI count was substantively a misdemeanor that could only be elevated to felony by a sentence enhancer--here, as a fourth or subsequent offense. The Colorado Supreme Court determined, however, under the plain language of the applicable statute, Tafoya was entitled to a preliminary hearing, and the district court erred in denying her request.