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BACHICHA v. MUNICIPAL COURT OF CITY OF THORNTON

No. 77-901.

581 P.2d 746 (1978)

Maria A. BACHICHA, Plaintiff-Appellee, v. MUNICIPAL COURT OF the CITY OF THORNTON and the Honorable Judge Hartley, one of the Judges thereof, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

June 29, 1978.

Attorney(s) appearing for the Case

Epstein, Lozow & Preblud, P. C., Bruce P. Fierst, Denver, for plaintiff-appellee.

Daniel, McCain & Brown, T. William Wallace, Leonard H. McCain, Brighton, for defendants-appellants.

COYTE, Judge.

Following the refusal of the Thornton Municipal Court to dismiss two criminal prosecutions against her, plaintiff initiated this C.R.C.P. 106 proceeding in the district court. The District Court entered a judgment ordering the municipal court to dismiss the two cases for failure to comply with C.M.C.R. 248(b), C.R.S.1973, the ninety-day speedy trial rule. We affirm.

C.M.C.R. 248(b) in pertinent part is as follows:

"If there is unnecessary...

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