# People v. Brown

> Colorado Court of Appeals · September 18, 1980 · 622 P.2d 573

URL: https://www.frixlaw.com/law-library/cases/9552034

## Case

- **Full name:** The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Melvin BROWN, Defendant-Appellant
- **Court:** Colorado Court of Appeals
- **Decided:** September 18, 1980
- **Citations:** 622 P.2d 573
- **Precedential status:** Published
- **Opinion:** Dissent by Kelly
- **Judges:** Ruland, Berman, Kelly
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9552034

## Opinion text

KELLY, J.,
dissenting from the denial of defendant’s petition for rehearing.
I respectfully dissent from the ruling of the majority on the defendant’s petition for rehearing. I would grant the defendant’s petition on the speedy trial issue, and remand to the trial court with directions that the defendant be discharged.
During the pendency of this appeal, the Supreme Court has twice stated that a trial court is “without jurisdiction” to try an accused person in violation of his speedy trial rights under § 18-1-405, C.R.S.1973 (1978 Repl. Vol. 8) or Crim.P. 48(b). See Marquez v. District Court, Colo., 613 P.2d 1302 (1980); Hampton v. District Court, Colo., 605 P.2d 54 (1980). Jurisdictional defects may be raised on appeal, see People v. Hinchman, 196 Colo. 526 , 589 P.2d 917 (1978), cert. denied sub nom., Hinchman v. Colorado, 442 U.S. 941 , 99 S.Ct. 2883 , 61 L.Ed.2d 311 (1979); and, since jurisdiction may not be conferred by consent or waiver, see Evans v. District Court, 194 Colo. 299 , 572 P.2d 811 (1977); Sanchez v. Straight Creek Constructors, 41 Colo.App. 19 , 580 P.2d 827 (1978), the expiration of the speedy trial time in this case mandates the defendant’s discharge.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9552034. Public record. Not legal advice.