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LES v. MEREDITH

No. 27217.

561 P.2d 1256 (1977)

LES, Petitioner-Appellee, Cross-Appellant, v. Charles MEREDITH, as Director of Colorado State Hospital and Raymond Leidig, as Director, Department of Institutions of State of Colorado, Respondents-Appellants, Cross-Appellees.

Supreme Court of Colorado, En Banc.

As Modified On Denial of Rehearing April 18, 1977.

Attorney(s) appearing for the Case

Miller & Gray, P.C., William R. Gray, Boulder, for petitioner-appellee, cross-appellant.

Alexander M. Hunter, Dist. Atty., C. Phillip Miller, Chief Deputy Dist. Atty., Peter A. Hofstrom, Deputy Dist. Atty., Boulder, for respondents-appellants, cross-appellees.

GROVES, Justice.

The trial judge made a writ of habeas corpus absolute, declaring that section 16-8-103(2), C.R.S.1973 is unconstitutional. That statute reads as follows:

"If counsel for the defendant believes that a plea of not guilty by reason of insanity should be entered on behalf of the defendant, but the defendant refuses to permit the entry of the plea, counsel may so inform the court. The court shall then conduct such investigation as it deems proper...

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