Appeal from judgment of magistrate is through district court despite fact that orders being appealed were issued by district court judge
APPEAL/JURISDICTION United States v. Pethick, No. 06-1525, ___ F.3d ___ (10th Cir. Jan. 17, 2008)(Colorado). Appeal of conviction of misdemeanor offense of driving under influence of alcohol on federal military reservation in violation of 18 U.S.C. § 13 which incorporates Colorado Revised Statute § 42-4-1301(1)(a). HELD: Court of appeals lacks jurisdiction over appeal of orders entered by district court judge during trial of criminal case where, due to illness of district court judge and with consent of defendant, magistrate pronounced sentence and entered judgment of conviction. Proper avenue for appeal from judgment of magistrate is through appeal to district court, and defendant’s notice of appeal was sufficient to vest jurisdiction for appeal with district court even though appeal was docketed in court of appeals. Read the opinion here. |
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