SEGURA v. DISTRICT COURT FOR TENTH JUDICIAL DISTRICT

No. 25401.

498 P.2d 926 (1972)

Joe SEGURA, Petitioner, v. DISTRICT COURT FOR the TENTH JUDICIAL DISTRICT, Philip S. Cabibi, Judge, Respondent.

Supreme Court of Colorado, En Banc.

June 19, 1972.


Attorney(s) appearing for the Case

Donald P. MacDonald, T. Michael Dutton, Deputy State Public Defender, Denver, for petitioner.

Carl Parlapiano, Dist. Atty., Cecil L. Turner, Chief Deputy Dist. Atty., Daniel J. Sears, Deputy Dist. Atty., Denver, for respondent.


KELLEY, Justice.

This is an original proceeding under C.A.R. 21 in which petitioner, Joe Segura, has challenged the jurisdiction of the District Court for the Tenth Judicial District and Honorable Philip S. Cabibi, one of the judges of that court, to resentence him under the circumstances herein set forth.

The petitioner was convicted of first-degree murder in 1964, the jury fixing the penalty at death pursuant to C.R.S.1963, 40-2-3(1), which in pertinent...

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