[DOWNLOAD] "People V. Chavez" by Colorado Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: People V. Chavez
- Author : Colorado Supreme Court
- Release Date : January 01, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The People Appeal from a judgment of the district court of Otero County holding section 16-8-105(4), C.R.S. 1973 (1978 Repl. Vol. 8), unconstitutional as applied to the defendant, Manuel Chavez. That section requires the court to automatically commit a defendant found not guilty by reason of insanity to the department of institutions until such time as he is found eligible for release. The court concluded that the commitment of the defendant, without a precommitment hearing to determine his mental condition at the time of commitment, violated due process of law and equal protection of the laws under the United States and Colorado Constitutions. U.S. Const. Amend. XIV; Colo. Const. Art. II, Sec. 25. We find no constitutional infirmity in the defendant's commitment under the statutory scheme and we reverse and remand.