General
The People of the State of Colorado, In the Interest of T.F.B., a Child, and Concerning B.E.
199 Colo. 474610 P.2d 501·Colorado Supreme Court·1980·CO
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Opinion
No. 80SA74
The People of the State of Colorado, In the Interest of T.F.B., a Child, and Concerning B.E.
(610 P.2d 501)
Decided May 12, 1980.
J. E. Losavio, Jr., District Attorney, Stephen A. Jones, Deputy, for plaintiff-appellee.
J. Gregory Walta, State Public Defender, Stephanie H. Yukawa, Deputy, for respondent-appellant.
En Banc.
[MAJORITY — JUSTICE ERICKSON]
JUSTICE ERICKSON
delivered the opinion of the Court.
This appeal involves factual and legal issues that are identical to those raised in P.V. v. District Court, 199 Colo. 357, 609 P.2d 110 (1980). In that case we held that a trial court conducting a juvenile proceeding is bound by the same statutory and constitutional speedy trial requirements that are applicable in adult proceedings. See, section 18-1-405(1), C.R.S. 1973 (now in 1978 Repl. Vol. 8); Crim.P. 48(b)(1); Colo. Const. Art. II, Sec. 3; U.S. Const. Art. VI.
Accordingly, we remand to the trial court to determine whether the charges against the appellant should be dismissed in accordance with our decision in P. V. v. District Court.
JUSTICE ROVIRA and JUSTICE LOHR dissent.