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PEOPLE v. DISTRICT COURT FOR SECOND JUDICIAL DIST.

No. 26859.

538 P.2d 469 (1975)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT FOR the SECOND JUDICIAL DISTRICT, State of Colorado, and the Honorable Leonard P. Plank, as one of the Judges of the District Court, Respondents.

Supreme Court of Colorado, En Banc.

July 14, 1975.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief App. Deputy Dist. Atty., Denver, for petitioner.

Busacca, Goldstein, Hazleton & Temko, Kathy P. Bonham, Denver, for respondents.

DAY, Justice.

This is an original proceeding with the People as petitioner through the district attorney. At issue is a determination where the burden of proof lies in a hearing concerning release of one Lyles from the state hospital at Pueblo. Interpretation of section 16-8-115(2), C.R.S.19731 is sought to guide the trial court. We issued a rule to show cause and now make the rule absolute.

A jury originally found the defendant...

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