[DOWNLOAD] "People V. Chaussee" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: People V. Chaussee
- Author : Colorado Supreme Court
- Release Date : January 12, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
We granted certiorari to review the decision of the Colorado Court of Appeals in People v. Chaussee, 847 P.2d 156 (Colo. App. 1992). The defendants, Calvin L. Chaussee II and Claude Ray Page, were charged with criminal conspiracy and illegal use of an enterprise in violation of the Colorado Organized Crime Control Act ("COCCA" or the "Act") as well as theft, conspiracy to commit theft, forgery, and tampering with physical evidence.*fn1 Chaussee was also charged individually with several counts of first degree perjury. After a preliminary hearing, the trial court found that probable cause existed to support all charges except violations of COCCA and first degree perjury. As to the perjury charges, the court found that probable cause had been established for second degree perjury, rather than perjury in the first degree, and held Chaussee for trial on the reduced charges. The prosecution appealed the dismissal of the COCCA charges and the reduction of the perjury charges.*fn2 The court of appeals reversed the trial court's dismissal of charges against the defendants for violation of COCCA and remanded with directions to reinstate those COCCA charges not having perjury as a predicate. Chaussee, 847 P.2d at 162. In addition, the court of appeals reversed the trial court's ruling that false answers to interrogatories pursuant to civil discovery amount only to perjury in the second degree. It remanded with directions to reinstate the perjury in the first degree charges against Chaussee. Id. The prosecution agreed with the reinstatement of the charges but sought certiorari to review the court of appeals' construction of COCCA. Chaussee cross-petitioned for review of the reinstatement of the COCCA and first degree perjury charges. We granted the petition and cross petition and now reverse the judgment of the court of appeals on the construction of COCCA but affirm on reinstatement of the COCCA and first degree perjury charges, and remand the case with directions.