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• Title: People v. Hollis
• Author : Colorado Court of Appeals No. 81CA0882
• Release Date : January 30, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 45 KB

Description

Opinion by JUDGE STERNBERG The question raised by this appeal is whether the rule or statute prevails in the case of conflict between the provisions of a Supreme Court rule and a statute as to the number of peremptory challenges allowed a defendant in a criminal trial. Concluding that the right to peremptory challenges is substantive, and not merely procedural, we hold that the statute controls. In the trial of this case, defendant, Kay Hollis, was convicted of second-degree assault following a jury trial. When the jury was empaneled, on July 15, 1981, the rule, Crim. P. 24(d), allowed a defendant 10 peremptory challenges. Until July 1, 1981, the pertinent statute, § 16-10-104, C.R.S. 1973 (1978 Repl. Vol. 8) had also allowed 10 peremptory challenges. Effective on that date, however, the statute was amended to reduce the number of such challenges to five. See § 16-10-104, C.R.S. 1973 (1982 Cum. Supp.). Only on July 16, 1981, after the jury was empaneled in this case, was a similar amendment to Crim. P. 24(d) effective, bringing the rule into conformity with the statute. During this trial the statute was applied and Hollis was not allowed the 10 peremptory challenges permitted by the rule. Her appeal is premised on the contention that Crim. P. 24(d) controlled. We disagree and affirm the conviction.

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