In this opinion, the Supreme Court finds that either a juvenile or the prosecution is entitled to ask a district court judge to review a magistrate’s findings at a preliminary hearing pursuant to 19-2.5-609(3).
A.S.M. was charged with two class 6 felonies, two class 1 misdemeanors, and one class 2 misdemeanor. Because A.S.M. was detained pending adjudication, they were entitled to a preliminary hearing on the class 6 felony charge. The magistrate found probable cause, and the juvenile filed a petition for review with the district court. The district court issued an order that it did not have subject matter jurisdiction because 19-2.5-609(3) – laying out the process to file a request for review of a preliminary hearing finding entered by a magistrate – is in conflict with C.R.M. 7(a)(3) (establishing that only final orders are appealable). The Supreme Court disagreed, and found that the district court did have subject matter jurisdiction, and doesn’t reach the question of whether a PH finding is a final order. The Court clarifies that C.R.M. 7(a)(3), by its own terms, applies to claims made under C.R.M. 7, and A.S.M.’s request for review was submitted under 19-2.5-609(3), so it is not bound by the final order requirement.
