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MASSEY v. DISTRICT COURT IN & FOR TENTH JUDICIAL DIST.

No. 25798.

506 P.2d 128 (1973)

Robert G. MASSEY, Petitioner, v. The DISTRICT COURT IN AND FOR the TENTH JUDICIAL DISTRICT, State of Colorado, and the Honorable Matt J. Kikel, one of the District Judges in and for the Tenth Judicial District, State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

February 5, 1973.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Kenneth Dresner, Deputy State Public Defender, Denver, for petitioner.

Carl Parlapiano, Dist. Atty., Cecil L. Turner, Chief Deputy Dist. Atty., Pueblo, for respondents.

ERICKSON, Justice.

In an original proceeding, Robert G. Massey, an indigent defendant, seeks to prohibit the district court from proceeding further without first appointing a psychiatrist of his own choosing to examine him and determine his competency to proceed. Massey has been examined by two court-appointed psychiatrists who have expressed the opinion that he is competent to proceed. The trial court ruled that Massey was not

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