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PEOPLE v. DISTRICT COURT, ETC.

No. 27406.

559 P.2d 235 (1977)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT IN AND FOR the TENTH JUDICIAL DISTRICT, State of Colorado, et al., Respondents.

Supreme Court of Colorado, En Banc.

January 31, 1977.

Attorney(s) appearing for the Case

J. E. Losavio, Jr., Dist. Atty., James A. Lowe, Deputy Dist. Atty., Pueblo, for petitioner.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Denver, Terri L. Brake, James S. Dostal, Deputy State Public Defenders, Pueblo, for respondents.

HODGES, Justice.

The district attorney brings this original proceeding to challenge the district court's dismissal of an habitual criminal charge against Dennis Joseph Montoya. The respondent district court predicated its dismissal upon its determination that the prior conviction alleged in the charge was not yet final because an appeal was pending. We issued a rule to show cause why this habitual criminal charge should not be reinstated and we now make the rule absolute...

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