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PEOPLE EX REL. SANDSTROM v. DIST. CT.

No. 94SA235.

884 P.2d 707 (1994)

The PEOPLE of the State of Colorado ex rel. G.F. SANDSTROM, District Attorney, Tenth Judicial District, State of Colorado, Petitioner, v. The DISTRICT COURT In and For the COUNTY OF PUEBLO, State of Colorado, and the Honorable John R. Tracey, one of the Judges Thereof, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 5, 1994.

Attorney(s) appearing for the Case

G.F. Sandstrom, Dist. Atty., Tenth Judicial Dist., Karrick A. Burrows, Deputy Dist. Atty., Pueblo, for petitioner.

David F. Vela, Colorado State Public Defender, Douglas K. Wilson, Elizabeth A. Martinez, Deputy State Public Defenders, Pueblo, for defendant Paul Vince Maurello and on behalf of respondents.

Raymond T. Slaughter, Executive Director, Katherine M. Clark, Staff Atty., Colorado Dist. Attys. Council, Denver, Gale A. Norton, Colorado Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John D. Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., for amici curiae Colorado Dist. Attys. Council and Colorado Atty. General's Office.

Justice VOLLACK delivered the Opinion of the Court.

In this original proceeding pursuant to C.A.R. 21,1 we issued a rule directing the respondent district court (the district court) to show cause why it should not be prohibited from removing the petitioner, the District Attorney for the Tenth Judicial District, State of Colorado (the district attorney2), from prosecution of a criminal case against Paul Vince...

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