Peo v. Jebe
CourtColorado Court of Appeals
Date FiledOctober 29, 2026
Docket23CA1676
StatusUnpublished
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Full Opinion
23CA1676 Peo v Jebe 10-29-2026
COLORADO COURT OF APPEALS
Court of Appeals No. 23CA1676
City and County of Denver District Court No. 22CR6515
Honorable Nikea T. Bland, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Quinn M. Jebe,
Defendant-Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE PAWAR
Tow, C.J., and Schutz, J., concur
Prior Opinion Announced December 5, 2024, Reversed in 25SC53
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced October 29, 2026
John Walsh, District Attorney, Alison Suthers, Deputy District Attorney,
Denver, Colorado, for Plaintiff-Appellant
Adrienne R. Teodorovic, Alternate Defense Counsel, Windsor, Colorado, for
Defendant-Appellee
¶1 The prosecution appeals the district court’s dismissal, with
prejudice, of all criminal charges against defendant, Quinn M. Jebe.
Because the prosecution requested dismissal without prejudice and
because the court improperly relied on the speedy trial statute to
dismiss with prejudice before the relevant deadline, we reverse and
remand for the court to dismiss the charges against Jebe without
prejudice.
1. Background
¶2 On November 23, 2022, Jebe was arrested and charged with
sexual assault on a child and distribution of a controlled substance
to a minor. His arrest followed an investigation conducted between
March and August 2021, including a forensic interview with the
alleged victim. Jebe pleaded not guilty on February 27, 2023,
making his statutory speedy trial deadline August 28; the court set
trial for August 1. Jebe was unable to post bond and remained in
custody from the date of his arrest.
¶3 At a pretrial readiness conference on July 17, the prosecution
announced that it could not call ready for trial because it was
unsure whether the alleged victim could testify due to his mental
health condition. On July 27, the prosecution moved to dismiss the
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case without prejudice, asserting that the alleged victim was
unavailable to testify. At a hearing the next day, Jebe objected and
asked the district court to instead release him from jail and reset
trial for the speedy trial deadline. The court expressed concern
about dismissing the case without prejudice, given Jebe’s 248-day
pretrial incarceration, and asked the prosecution to respond. The
prosecution simply repeated its request to dismiss without
prejudice and told the court that it would “be in the same position”
if trial were reset to August 28. The court then dismissed the case
with prejudice.
¶4 The prosecution filed a motion to reconsider, explaining that
the alleged victim was being held in the Youthful Offender System;
that he was unwilling or unable to discuss the sexual assault
allegations; and that, in “multiple meetings, the very mention of
[Jebe’s] name caused [him] to ‘shut-down.’” The prosecution
acknowledged that it intended to refile charges in the future, when
the alleged victim’s mental health stabilized and he was not “housed
in a facility where cooperation with law enforcement could endanger
him.” Citing People v. Walker, 252 P.3d 551 (Colo. App. 2011), the
prosecution argued that Jebe’s statutory speedy trial rights were
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not yet at issue and that the district court’s dismissal with
prejudice was premature. It once again asked the court to dismiss
Jebe’s charges without prejudice.
¶5 In response, Jebe alleged that the prosecution had moved to
dismiss in bad faith or “to cover up for . . . incompetence and lack
of preparation.” Jebe pointed to the prosecution’s failure to provide
specific discovery, update witness lists, or make any substantive
motions including those pertaining to introducing relevant hearsay.
He argued that dismissing without prejudice would infringe on his
statutory and constitutional rights to a speedy trial. The
prosecution replied that it had moved forward in good faith, made
“good-faith and documented efforts” with the alleged victim, timely
alerted the defense to its uncertain ability to proceed to trial, and
delayed its motion to dismiss to pursue a plea deal.
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¶6 The district court denied the prosecution’s motion to
reconsider, and the prosecution appeals.1
2. Discussion
¶7 The prosecution contends that the district court erred by
denying its motion to dismiss Jebe’s case without prejudice and
instead dismissing with prejudice. We agree.
A. Applicable Law and Standard of Review
¶8 Because the district court’s ruling is based on Crim. P.
48(b) — a rule “designed to substantially conform to” the speedy
trial statute, Carr v. Dist. Ct., 543 P.2d 1253, 1254 (Colo. 1975) —
our analysis will focus on the statutory right to a speedy trial and
Rule 48. See 18-1-405, C.R.S. 2026 (the speedy trial statute); see
also People v. Nelson, 2014 COA 165, ¶ 21 (explaining that, though
the speedy trial statute is intended to implement the constitutional
1 We originally dismissed the prosecution’s appeal as untimely filed.
People v. Jebe, (Colo. App. No. 23CA1676, Dec. 5, 2024) (not
published pursuant to C.A.R. 35(e)). The Colorado Supreme Court
granted a petition for writ of certiorari, reversed this division’s
decision, and remanded the case to this court for reinstatement of
the appeal as timely. People v. Jebe, 2026 CO 48, ¶¶ 1-2, 9, 34.
We now consider the merits of the appeal.
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right to a speedy trial, we use different analyses to determine
statutory and constitutional rights violations).
¶9 As relevant here, the speedy trial statute mandates that a
defendant must be brought to trial within six months of the date
that they pled not guilty. People v. Taylor, 2020 COA 79, ¶ 17. The
duty to pursue trial within this timeframe lies with the prosecution
and the district court. People v. DeGreat, 2020 CO 25, ¶ 11. The
remedy for a speedy trial violation is dismissal of the charges with
prejudice. Id.; Taylor, ¶ 18. Rule 48(b)(1) authorizes a district court
to dismiss charges on that basis, but the speedy trial statute
prohibits the court’s dismissal “based on an anticipated violation.”
Walker, 252 P.3d at 552, 555 (emphasis added); see Huang v. Cnty.
Ct., 98 P.3d 924, 929 (Colo. App. 2004).
¶ 10 Within the six-month speedy trial period, the prosecution
maintains broad discretion to dismiss charges without prejudice,
rendering the charges “a nullity.” Huang, 98 P.3d at 928; see
People v. Storlie, 2014 CO 47, ¶ 10 (“[T]he discretion to dismiss
criminal charges lies with the prosecution, not the court.”); see also
Crim. P. 48(a) (setting forth the parameters of a prosecutor’s
authority to seek dismissal of a case). In these circumstances, if
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the prosecution later reindicts the defendant, even on identical
charges, the statutory speedy trial period begins anew. Huang, 98
P.3d at 928.
¶ 11 The prosecution’s discretion to dismiss charges, while broad,
is not unlimited. Rule 48(a) provides, “No criminal case . . . shall be
dismissed . . . unless upon a motion in open court, and with the
court’s consent and approval.” The district court may withhold its
consent and approval in narrowly defined circumstances, when “the
evidence is clear and convincing that the interests of the defendant
or the public are jeopardized” by dismissal. People v. Lichtenstein,
630 P.2d 70, 73 (Colo. 1981); accord Storlie, ¶¶ 10, 11. As relevant
here, if the court finds that a prosecutor acted in a manner
inconsistent with good faith — namely, by attempting to harass the
defendant or prejudice his defense — it may deny the prosecutor’s
motion to dismiss. See Lichtenstein, 630 P.2d at 73; Storlie, ¶ 14.
¶ 12 We review the denial of a motion to dismiss criminal charges
for an abuse of discretion. Storlie, ¶ 10.
B. Application
¶ 13 Although the district court found that the prosecution had not
adequately explained its reasons for opting to dismiss the case, it
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did not find that the prosecution had acted in a manner
inconsistent with good faith. See Lichtenstein, 630 P.2d at 73;
Storlie, ¶¶ 11, 14. Nonetheless, it determined that dismissal with
prejudice was the appropriate remedy under Rule 48(b)(1) and was
not premature.
¶ 14 True, as Jebe points out, the court found:
• The statutory speedy trial deadline was set to expire in
just over one month.
• Jebe suffered “obvious” prejudice because he had been
confined for over eight months.
• Jebe objected to the prosecution’s motion to dismiss
without prejudice and asked that the case be set for trial.
• The prosecution did not move for a continuance.
• The prosecution did not show that the alleged victim was
truly “unavailable” for trial, as he was in custody, and it
did not explain how he could not be equipped to testify.
• The prosecution represented that it would not be able to
proceed to trial on the speedy trial deadline.
¶ 15 Nevertheless, the court’s decision to deny the prosecution’s
motion and instead dismiss the case with prejudice rested heavily
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on an anticipated violation of the statutory speedy trial deadline —
a prohibited basis for its ruling. See Walker, 252 P.3d at 555;
Huang, 98 P.3d at 929. Moreover, while the court found that Jebe
had been prejudiced by his pretrial incarceration, it did not find
that his defense would be prejudiced by granting the prosecution’s
motion. See Lichtenstein, 630 P.2d at 73; cf. Nelson, ¶ 36
(“[P]reventing oppressive pretrial incarceration” is one type of
prejudice considered in a constitutional speedy trial analysis, but
even then, prejudice to the defense is the most serious
consideration.).
¶ 16 Because the district court improperly relied on an anticipated
speedy trial violation and not on a finding that the prosecution had
acted in a manner inconsistent with good faith, we conclude that it
misapplied the law — thereby abusing its discretion — in denying
the prosecution’s motion to dismiss without prejudice. See People
v. West, 2025 CO 61, ¶ 13 (“A trial court abuses its discretion when
its decision is . . . based on a misapplication of the law.”). Its
findings did not satisfy the narrowly defined circumstances
permitting it to withhold consent and approval of the prosecution’s
motion. See Lichtenstein, 630 P.2d at 73; Storlie, ¶¶ 10-11, 14.
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Accordingly, we reverse the ruling and remand for dismissal without
prejudice.
¶ 17 This opinion does not preclude Jebe from raising future claims
that his statutory or constitutional speedy trial rights have been
violated in the event the prosecution refiles the charges. The rule
that dismissal and reindictment resets the statutory speedy trial
clock includes an exception: The prosecution cannot
indiscriminately dismiss and refile charges to avoid the mandate of
section 18-1-405 and Rule 48(b). Nelson, ¶ 20; Walker, 252 P.3d at
552; Schiffner v. People, 476 P.2d 756, 758 (Colo. 1970). And the
circumstances of a trial delay in this case may be relevant to
analyzing an alleged constitutional speedy trial right violation. See,
e.g., Nelson, ¶¶ 33-36 (discussing an application of the four factors
set forth in Barker v. Wingo, 407 U.S. 514, 530 (1972)).
3. Disposition
¶ 18 The order is reversed, and the case is remanded for further
proceedings consistent with this opinion.
CHIEF JUDGE TOW and JUDGE SCHUTZ concur.
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