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UNITED PENTECOSTAL CH. OF LOUISVILLE v. MORRISON

No. 26371.

527 P.2d 1168 (1974)

A. L. HERRMANN, Jr., District Attorney IN AND FOR the FIRST JUDICIAL DISTRICT, JEFFERSON COUNTY, State of Colorado, Petitioner, v. The DISTRICT COURT IN AND FOR the FIRST JUDICIAL DISTRICT, COUNTY OF JEFFERSON, State of Colorado, and the Honorable Winston W. Wolvington, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 25, 1974.

Attorney(s) appearing for the Case

A. L. Herrmann, Jr., Dist. Atty., Richard W. Dickerson, Deputy Dist. Atty., Golden, for petitioner.

Rollie R. Rogers, Colo. State Public Defender, Denver, James F. Dumas, Jr., Chief Deputy State Public Defender, William V. Hodges, III, Deputy State Public Defender, Golden, for respondents.

ERICKSON, Justice.

This is an original proceeding in mandamus. The district attorney for the First Judicial District contends that the judge of the district court exceeded his jurisdiction when he suspended an indeterminate sentence which was not to exceed ten years in the Colorado State Penitentiary and placed the defendant on probation. Colo. Sess.Laws 1972, ch. 44, 39-11-201(2). We issued a rule to show cause and now make the rule absolute.

The defendant...

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