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McKINNEY v. KAUTZKY

No. 89SA434.

801 P.2d 508 (1990)

Bradford C. McKINNEY, Petitioner-Appellee, v. W.L. KAUTZKY, Executive Director Colorado Department of Corrections, and Wallis Gunnels, Superintendent Rifle Correctional Center, Rifle, Colorado, Respondents-Appellants.

Supreme Court of Colorado, En Banc.

October 22, 1990.

Attorney(s) appearing for the Case

Petitioner-appellee not appearing.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard B. Forman, Sol. Gen., Barbara L. Widick, First Asst. Atty. Gen., Denver, for respondents-appellants.

Justice ERICKSON delivered the Opinion of the Court.

The Colorado Department of Corrections (Department)1 appeals from the district court's order granting a writ of habeas corpus.2 We reverse the district court and remand with directions to discharge the writ of habeas corpus as premature.

I

Bradford C. McKinney, the appellee in this case, was convicted of aggravated robbery

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