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PEOPLE v. DIST. COURT IN & FOR 2ND JUD. DIST.

No. 81SA417.

638 P.2d 65 (1981)

The PEOPLE of the State of Colorado, Petitioner, v. DISTRICT COURT In and For the SECOND JUDICIAL DISTRICT of the State of Colorado and Honorable Clifton A. Flowers, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 28, 1981.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Guy Till, Deputy Dist. Atty., Denver, for petitioner.

J. Gregory Walta, Colorado State Public Defender, Michael Heher, Deputy State Public Defender, Denver, for respondents.

HODGES, Chief Justice.

In this original proceeding, we issued a rule on the People's petition to show cause why respondent district court's order granting the defendant's Crim.P. 35(b) motion for reduction of sentence should not be voided on the ground that the respondent court lacked jurisdiction to enter this order because the case is on appeal in this court. The district court had previously granted the defendant's Crim.P. 35(c) motion to vacate judgment. The People...

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