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ALLEN v. DISTRICT COURT IN AND FOR TENTH JUD. DIST.

No. 26247.

519 P.2d 351 (1974)

Harlin J. ALLEN, Petitioner, v. The DISTRICT COURT IN AND FOR the TENTH JUDICIAL DISTRICT, State of Colorado, and the Honorable Jack F. Seavy, one of the District Judges in and for the Tenth Judicial District, State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

February 25, 1974.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Denver, Larry Morin, Randall D. Jorgensen, Kenneth Dresner, James H. Frasher, Jr., Deputy State Public Defenders, Pueblo, for petitioner.

Bollinger, Flick & Young, George M. Bollinger, Pueblo, for respondents.

ERICKSON, Justice.

This original proceeding in the nature of prohibition seeks to prohibit the district court from forcing the State Public Defender to represent both Harlin J. Allen and Mary Tonia Hernandez. We issued a rule to show cause and now make the rule absolute.

On June 13, 1973, Mary Tonia Hernandez was charged with the crime of theft for allegedly obtaining welfare assistance by fraud. 1971 Perm.Supp., C.R.S.1963, 40-4-401. The Pueblo Public Defender...

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