248 P.3d 1204
Colo.2011Background
- Colorado charged Shackley with voting twice under § 1-13-710, alleging first vote in Arapahoe County and second in Adams County.
- Shackley moved to challenge venue, arguing venue was proper only in Adams County where the second vote occurred.
- The trial court granted the transfer to Adams County, prompting an interlocutory appeal by the People.
- Venue is governed by § 18-1-202(1) and may be proper where an act in furtherance of the offense occurred, not only where caused.
- The court held the first vote in Arapahoe County constituted an act in furtherance of the offense, making Arapahoe a proper venue as originally filed.
- Court reversed the transfer order and remanded to return the case to Arapahoe County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue was proper in Arapahoe County | Shackley: venue only where offense occurred (Adams). | Shackley: Arapahoe venue improper due to transfer to Adams. | Venue proper in Arapahoe County under § 18-1-202(1). |
Key Cases Cited
- People v. Taylor, 732 P.2d 1172 (Colo. 1987) (act in furtherance expands situs of the offense)
- People v. Bobo, 897 P.2d 909 (Colo. App. 1995) (act in furtherance includes related conduct)
- People v. Freeman, 668 P.2d 1371 (Colo. 1983) (sale of stolen property as act in furtherance of felony murder)
- People v. Reed, 132 P.3d 347 (Colo. 2006) (venue doctrine; trial court cannot transfer merely for convenience)