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PEOPLE EX REL. GALLAGHER v. DISTRICT COURT IN AND FOR EIGHTEENTH JUDICIAL DISTRICT OF ARAPAHOE COUNTY

No. 28154.

591 P.2d 1015 (1978)

The PEOPLE of the State of Colorado, ex rel. Robert R. GALLAGHER, Jr., District Attorney for the Eighteenth Judicial District, State of Colorado, Petitioner, v. The DISTRICT COURT IN AND FOR the EIGHTEENTH JUDICIAL DISTRICT, COUNTY OF ARAPAHOE, State of Colorado, and the Honorable Charles R. Casey, one of the judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

December 4, 1978.

Attorney(s) appearing for the Case

Robert R. Gallagher, Jr., Dist. Atty., James C. Sell, Chief Deputy Dist. Atty., Littleton, for petitioner.

Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Denver, Ronna I. Wineberg, Deputy State Public Defender, Littleton, for respondents.

KELLEY, Justice.

The People petitioned this court for relief in the nature of prohibition, pursuant to C.A.R. 21. We issued a rule to show cause, which we now make absolute.

In February 1976, Gregory Kent Stewart entered a plea of guilty to a charge of dispensing dangerous drugs. Judgment was deferred pursuant to section 16-7-403, C.R.S. 1973 (1976 Supp.). The deferred judgment was subsequently vacated, and on January 3, 1978, he was placed on probation for...

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