PEOPLE EX REL. FARINA v. DISTRICT COURT OF 21ST J.D.

No. 26377.

521 P.2d 780 (1974)

The PEOPLE of the State of Colorado ex rel. Terrance Lee FARINA, District Attorney In and For the 21st Judicial District, State of Colorado, Petitioner, v. The DISTRICT COURT OF the 21ST JUDICIAL DISTRICT and the Honorable William M. Ela, a Judge thereof, Respondent.

Supreme Court of Colorado, En Banc.

April 22, 1974.


Attorney(s) appearing for the Case

Terrance Lee Farina, Dist. Atty., Grand Junction, James M. DeRose, Special Prosecutor, Denver, for petitioner.


ERICKSON, Justice.

The sole issue raised in this original proceeding in the nature of prohibition is whether a defendant who waives a preliminary hearing in the county court and is bound over to the district court for trial may request and receive a subsequent preliminary hearing in the district court. See Crim.P. 5(c), 5(d), 7(b)(2), and 7(b)(3). This same issue was raised and decided in People ex rel. Farina v. District Court, Colo., 521 P...

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