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HAWKINS v. SUPER. CT., ETC. 2ND JUD. DIST.

No. 28057.

580 P.2d 811 (1978)

Leman HAWKINS, Petitioner, v. The SUPERIOR COURT IN AND FOR the SECOND JUDICIAL DISTRICT and State of Colorado, and the Honorable Charles E. Bennett, Judge, Respondents.

Supreme Court of Colorado, En Banc.

July 10, 1978.

Attorney(s) appearing for the Case

John A. Purvis, Acting Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Alex J. Martinez, Deputy State Public Defender, Denver, for petitioner.

Max P. Zall, City Atty., Lee G. Rallis, Andrew C. Snyder, Asst. City Attys., Denver, for respondents.

HODGES, Justice.

Petitioner Hawkins brings this original proceeding, seeking a writ in the nature of mandamus to compel the respondent court to hold a trial de novo, pursuant to Crim.P. 37(g) and (i). We issued a rule directed to the respondent court to show cause why the requested relief should not be granted. Both parties have responded, and we now make the rule absolute, thus requiring the respondent court to try the case de novo rather than proceed with a normal...

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