Wood v. People

Summary

The Colorado Supreme Court held that a trial court's pretrial denial of immunity under Colorado's "make-my-day" statute, section 18-1-704.5, is not reviewable on appeal after trial. The court concluded that the ruling does not implicate subject matter jurisdiction and becomes subsumed by the jury's verdict. The proper method for obtaining immediate review is a petition under C.A.R. 21 before trial.

Holdings

1. A trial court's pretrial denial of immunity from prosecution under section 18-1-704.5 is not reviewable on appeal after trial because the order is not a final judgment and the jury's verdict subsumes the pretrial immunity determination.
2. A defendant's request for immunity under section 18-1-704.5 does not implicate the trial court's subject-matter jurisdiction.
3. A defendant may seek immediate review of a pretrial denial of make-my-day immunity through the Colorado Supreme Court's original jurisdiction under C.A.R. 21, and such review must occur before trial.

Questions Presented

1. Whether a trial court's pretrial denial of immunity under Colorado's make-my-day statute, section 18-1-704.5, is reviewable on direct appeal after trial.
2. Whether make-my-day statutory immunity implicates the trial court's subject-matter jurisdiction so that the issue may be raised at any time, including for the first time on appeal.
3. Whether C.A.R. 21 is the proper avenue for immediate review of a pretrial order denying make-my-day immunity.

Disposition

affirmed