(DOWNLOAD) "People V. Pate" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: People V. Pate
- Author : Colorado Supreme Court
- Release Date : January 11, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The People of the State of Colorado appeal the trial court's ruling that section 42-2-123.6, 17 C.R.S. (1993), requiring defendants convicted of certain drug offenses to surrender their drivers licenses to the court for forwarding to the Colorado Department of Revenue, violates the principle of separation of powers found in Article III of the Colorado Constitution.*fn1 The defendant also filed a separate notice of appeal with the court of appeals challenging his convictions for possession of marihuana with intent to distribute and possession of between one and eight ounces of marihuana, on the ground that the trial court erred in denying his motion to suppress evidence seized from his residence pursuant to a search warrant. We consolidated the two appeals*fn2 and, for the reasons stated below, reverse the trial court's ruling as to the constitutionality of section 42-2-123.6, affirm the trial court's judgment of conviction, and remand the case to the trial court for further proceedings consistent with this opinion.