People v. Mcmurtry

We review the court of appeals decision in People v. McMurtry, 101 P.3d 1098 (Colo. App. 2003), which affirmed Christopher McMurtrys conviction pursuant to his plea of guilty to attempted sexual assault. Before entering his guilty plea, McMurtry moved to dismiss his case on the grounds that his statutory right to a speedy trial had been violated. The trial court denied this motion. Following language in earlier decisions of this court and of the court of appeals, the court of appeals held that an improper denial of an accuseds statutory right to a speedy trial was a matter of subject matter jurisdiction and thus McMurtrys guilty plea did not foreclose his right to appellate review. That court affirmed McMurtrys guilty plea holding that his motion to dismiss was properly denied.