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PEOPLE ex rel. RUSSEL v. DISTRICT COURT FOR FOURTH J. D.

No. 26471.

526 P.2d 289 (1974)

The PEOPLE of the State of Colorado, By and Through Their Duly Appointed Representatives, Robert L. RUSSEL, District Attorney, et al., Petitioners, v. The DISTRICT COURT FOR the FOURTH JUDICIAL DISTRICT, State of Colorado, the Honorable George M. Gibson, as one of the Judges of the District Court, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 30, 1974.

Attorney(s) appearing for the Case

Robert L. Russel, Dist. Atty., Jerry C. Nelson, Deputy Dist. Atty., Colorado Springs, for petitioners.

Robert D. Briggle, Colorado Springs, for respondents.

DAY, Justice.

This is an original proceeding, C.A.R. 21, brought by the People, which seeks an order of reinstatement of criminal charges dismissed by respondent judge. We issued an order to show cause why that relief should not be granted and the case has been presented before this court. We make the rule absolute.

I.

On January 4, 1974, a three-count information was filed in the El Paso County District Court charging Rosario Atencio with the following...

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