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PEOPLE v. DISTRICT COURT IN & FOR COUNTY OF LARIMER

No. 26599.

527 P.2d 50 (1974)

The PEOPLE of the State of Colorado, By and Through their duly elected and appointed representatives, Stuart A. VanMEVEREN, District Attorney, and Larry R. Abrahamson, Deputy District Attorney, Eighth Judicial District, State of Colorado, Petitioners, v. The DISTRICT COURT IN AND FOR the COUNTY OF LARIMER, State of Colorado, and the Honorable Conrad L. Ball, one of the judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

October 7, 1974.

Attorney(s) appearing for the Case

Stuart A. VanMeveren, Dist. Atty., Larry R. Abrahamson, Deputy Dist. Atty., Fort Collins, for petitioners.

Richard B. Manges, Fort Collins, for respondents.

GROVES, Justice.

We issued a rule to show cause in this matter, and now make the rule absolute.

A defendant is charged in the respondent court with having committed a Class 4 felony, perjury in the first degree. The defendant requested leave to file an application for deferred prosecution under Colo.Sess.Laws 1972, ch. 44, 30-7-401 at 224. The respondent court granted leave to file the application over the objection of petitioners (district attorney and deputy...

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